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Regulation (2004:619) On Assistance To Municipalities For The Establishment Of Telecommunications Networks, Etc. At Resorts And In Areas Where The Telecommunications Network Is Neglected

Original Language Title: Förordning (2004:619) om stöd till kommuner för etablering av telenät m.m. på orter och i områden där telenät är eftersatt

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The purpose and the conditions for support



§ 1 to promote the development of infrastructure for

information technology (IT) as a priority of the nutrient-and

regional development policy reasons, support may be provided to a

municipality of projects to establish networks with high

transmission capacity at Resorts and in areas where the network is

neglected. The aid takes the form of crediting on the tax account

According to section 1 of the Act (2000:1335) on the crediting of the tax account of

assistance to municipalities for the construction of telecommunications networks.



Assistance under this regulation is provided in the circumstances

as indicated in paragraphs 4 to 7.



section 2 With establishment of telecommunications networks with high transmission capacity

for the purposes of this regulation, telecommunications networks under the regulation

(2000:1469) of assistance to municipalities for the construction of local

telecommunications networks, Regulation (2001:350) on support to municipalities for

the construction of ortssammanbindande networks etc. and regulation

(2003:62) on assistance to municipalities for the construction of the connection

to nationwide networks.



section 3 of the County with a regional government, what

about the County Administrative Board in 4, 5, and 12-19 §§ instead apply it

regional självstyrelseorganet.



In Gotlands län and Kalmar county, what is said about

the County Administrative Board in these provisions instead apply

samverkansorganet.



section 4 of the Aid may be granted only if the municipality has set up one of the

the provincial government approved IT pursuant to article 2 of the infrastrukturprogram

Ordinance (2001:349) concerning support to municipalities for the establishment

IT-infrastrukturprogram.



5 § Support may be provided for a project that is compatible with

the municipality's IT-infrastrukturprogram and where the expansion is not expected to

take place at normal market basis within five years from the

the program has been prepared and approved. Assistance may be provided

only for projects to establish networks at Resorts and in

areas where the telecommunications network is neglected in accordance with paragraph 2 of the

municipalities where the County Board determines that it is necessary.

The County Board shall in its assessment to consult with municipalities in

the County. Establishment of telecommunications networks is done through the construction of new

networks or through the acquisition of telecommunications networks. For the establishment of

networks as referred to in the Regulation (2001:350) on support for

municipalities for the construction of ortssammanbindande networks, etc. and

Regulation (2003:62) on assistance to municipalities for the construction of

connection to the nationwide telephone network can also be provisioning

through the rental of telecommunications networks.



The aid must relate to the eligible measures carried out

during the period 1 January 2004 to 31 december 2007.

Regulation (2006:1460).



section 6 of the Support shall not be granted for projects or parts of projects

supported under the Ordinance (2000:1469) on aid for municipalities

for the construction of local networks, Regulation (2001:350) about

assistance to municipalities for the construction of ortssammanbindande networks

accommodation or regulation (2003:62) on support to municipalities for

construction of the connection to the nationwide telephone network.



section 7 As further conditions for aid in the municipality

procure the provision of telecommunications networks. At the contract shall

the principles set out in Chapter 1. section 9 of the Act (2007:1091) on public

procurement apply. If the contract is not meant to be reasonable

tenders, online, however, be provided by the municipality.

Regulation (2007:1106).



Basis for support and aid



clause 8 of the eligible basis may include costs

for the design, material, labor, equipment hire and

documentation and similar expenses necessary to

establish telecommunications networks. Even the cost of acquiring or renting

connection to telecommunications networks may be included in the dossier. Costs for

use of land shall not be included in the dossier.



§ 9 the County Board may, within the limits laid down in

the annex to this regulation, provide assistance for municipalities with

a maximum of 50% of the eligible basis. Of the

amounts set out in the annex, no more than half are distributed during the year

2004.



section 10 of the municipality shall ensure that at least 5% of the

eligible basis co-financed.



section 11 if there are special reasons, the County Administrative Board to abandon the

percentage of aid set out in section 9, as well as the proportion of co-financing

specified in section 10.



Application and decision



section 12 of the application for aid shall be submitted to the County Board in the

County in which the municipality is located. The application shall include a

description of the project to which it relates and be consistent

with the municipal IT-infrastrukturprogrammet.



section 13 upon application, leaving the provincial government notice of a

some projects are of such a nature to support can be provided. The application may

in cases where an establishment of the telephone network is not adequate.



Can support is only for part of the project should demonstrate

of the ruling. If the application for aid is made within one year from the

the day of the announcement and the conditions on which

the news has not been altered, is ruling binding on

the issue of the project is such that the support can be provided for

it.



section 14 of the County Board shall decide on the amount then

the cost of project determined. The County Board shall provide

The Swedish tax authority the information necessary for crediting according to

section 15.



section 15 of the aid granted by the State Provincial Office shall tillgodoföras

the municipality by crediting of tax under section 1 of the Act

(2000:1335) on the crediting of tax assistance to municipalities

for the construction of telecommunications networks. Half of the amount awarded

shall be credited when the decision on the amount of aid has been taken and

the remainder when the municipality informed the County Board of

that project is finished and the final accounts are approved by

the County Administrative Board.



Chargebacks



section 16 of the County Board shall recover the aid or a part of it

for a period of five years from the date the amount determined

final if



1. municipality by inaccurate or incomplete data have

prompted to grant,



2. the municipality otherwise caused to the aid granted for

high amounts,



3. the aid was used for anything other than that which is intended, or



4. the municipality of delaying the implementation of the project so that the aid

expired.



Supervision and follow up



section 17 of the County Board shall exercise supervision over the aid granted

be used for its intended purpose and in accordance with prescribed

conditions and the connection to the

telecommunications networks can classify what aid has been used to. The County Administrative Board

shall also be responsible for the follow-up of cases.



section 18 of the provincial Government shall before courts and other authorities

police state right vis-à-vis the recipient of aid. The County Administrative Board

may then waive the State's law.



section 19 of the County Administrative Board's decision on the aid provided for in this Regulation may

not subject to appeal.



Transitional provisions



2004:619



This Regulation shall enter into force on 1 August 2004. Regulation

may be applied for the period from 1 January 2004.



Annex



County/region amounts in SEK



Stockholm 29 508 264

Uppsala 20 588 110

Södermanland 14 592 659

Östergötland 16 178 971

Jönköping 21 405 158

Kronoberg 12 754 398

Kalmar 16 704 159

Gotland 9 563 551

Blekinge 17 925 517

Skåne 54 711 700

Halland 22 721 273

Vastra gotaland 65 003 268

Värmland 17 047 951

Orebro 20 083 915

Västmanland 12 020 127

Dalarna 20 954 071

Gävleborg 24 330 205

Västernorrland 17 432 331

Jämtland 23 503 602

Västerbotten 34 748 108

Norrbotten 28 222 662

Empire 500 000 000