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According to the ERG Common Position on NGA “The introduction of NGN and NGA may giverise to new bottlenecks while old ones may disappear allowing to remove regulation accordingly 82 .”The introduction of the new infrastructure will necessary affect the market structure of electroniccommunication.Also OFCOM, the English NRA, recognize the great impacts and the potential benefits arising fromthe development of the NGA, but, at the same time, it is worried about the kind of regulation toapply to the new technology, because it is important “to provide clarity on the regulatory regime fornext generation access networks in a timely manner, so that any lack of regulatory clarity is not acontributory factor in the timing of future investments” 83 .According to NRAs and ERG positions, in regulating NGA it is needed to balance two differentgoals: on one hand the need to avoid the rise of a new bottleneck able to restrict the competition inthe market and, on other hand, the necessity to encourage investments in a technology that presentsan high degree of risks, because both demand that supply are not well defined.For this reason how to regulate the new facility become fundamental in order to avoid theimplementation of ineffective or ill-informed regulation, imposing useless burden on the market. Itis even more fundamental that the regulation are subjected to a properly Impact Assessment able totake in account all possible impacts of the chosen option.In the following section we are going to reconstruct the structure of Recommendation, whichessentially suggest an extension of the current regulatory framework remedies on NGA.3.2 Structure of Draft Recommendation on Regulated Access to Next Generation AccessNetworks (NGA)The main scope of the Recommendation is to guide National Regulatory Authorities in developingtheir regulatory responses in an NGA context, in order to promote consistent regulatory responsesthroughout the EU in the relevant markets.82 ERG, ERG (07) 16rev2, ERG Opinion on Regulatory Principles of NGA, 200783 OFCOM, Regulatory challenges posed by next generation access networks, 23 November 200688
In the preamble of the Recommendation the Commission specifies that:“Mandating access to civil engineering will only be effective as a remedy if the SMP operatorprovides access under the same conditions to its own downstream arm and to third-party accessseekers. NRAs should build on their experience in developing procedures and tools for local loopunbundling (LLU) to put in place the necessary business processes concerning ordering andoperational access to civil engineering facilities. In principle mandating the publication by the SMPoperator of an adequate reference offer specifying the conditions and procedures of access to thecivil engineering infrastructure, including the access prices, within a short time-frame isproportionate to the objective of encouraging efficient investment and infrastructure competition.”Furthermore it considers “Cost-oriented prices are a useful indicator for efficient investmentdecisions by potential access seekers. Where regulated prices do not accurately reflect theunderlying cost of the civil engineering infrastructure of the SMP operator, they will distortinvestment signals. If regulated prices for access to ducts are not cost-oriented, but are set at ahigher level, efficient fibre investments will be replaced by other wholesale access possibilities” 84 .The Commission considers essential for the investment of the alternative operator the extension ofthe current regulatory framework to the NGA: “Alternative operators, some of whom have alreadydeployed their own networks to connect to the unbundled copper loop of the SMP operator, need tobe provided with appropriate access products in order to continue to compete in an NGA context.For FTTH these may consist of access to civil engineering infrastructure, to the terminatingsegment, to the unbundled fibre loop or of wholesale broadband access as the case may be. OnMarket 4, it is thus important that in principle the whole range of different physical accessproducts, including backhaul, is available as remedies. Where remedies in this market lead toeffective competition in the corresponding downstream market, other remedies could eventually bephased out”. For the Commission “Obligations imposed under Article 16 of Directive 2002/21/ECare based on the nature of the problem identified, without regard to the technology or the84 European Commission, Draft Recommendation on regulated access to Next Generation Access Networks (NGA), 12June 200989
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LUISS GUIDO CARLIDOTTORATO DI RICER
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Guidance Paper is the result of a r
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In the following section are analyz
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The rebate schemes were individuali
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The analysis takes into considerati
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documents or data that the dominant
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to capture. Then it compares these
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References:DG Competition, DG Compe
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L’applicazione dei criteri sopra
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