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architecture implemented by an SMP operator. Therefore the fact of whether an SMP operatordeploys a point-to-multipoint or point-to-point network topology should not affect the choice ofremedies”.In order to avoid that the alternative operators continue to use the unbundling local loop tool inproviding their services, instead to invest in the new technology, the Commission Recommendationsuggest to extent to the NGA the current regulatory framework, including the fibre access in themarket 4 and 5.In particular, with regard to the market 4 the Recommendation states that “Where NRAs find thatone or more operators have SMP in Market 4, they should assess the availability of civilengineering infrastructure including ducts owned by the SMP operator for the purpose of allowingalternative providers to deploy NGA networks. NRAs should use their powers under Article 5 ofDirective 2002/21/EC to ensure that the SMP operator provides all appropriate information for thepurposes of access, in particular on duct location and duct capacity”. NRAs should ensure thataccess to existing civil engineering infrastructure is provided at cost-oriented prices. If the SMPdeploys fibre-to-the-home (FTTH) “NRAs should, in addition to mandating access to civilengineering infrastructure, mandate access to the terminating segment of the access network of theSMP operator, including wiring inside buildings”. NRAs should ensure that access to theterminating segment is provided at cost-oriented prices.In the case of FTTH the Recommendation extend the unbundled access also to the fibre loop.According to the Commission document in fact, “NRAs should mandate unbundled access to thefibre loop irrespective of the network architecture and technology implemented by the SMPoperator”. Also in this case the price of access to the unbundled fibre loop should be cost-oriented.With regard to the market 5, the market for wholesale broadband access, the Recommendationstates that “Where SMP is found on Market 5, wholesale broadband access remedies should bemaintained or amended for existing services and their chain substitutes. NRAs should considerwholesale broadband access over VDSL as a chain substitute to existing wholesale broadband90
access over copper-only loops”. Also in this case NRAs should in principle impose cost orientationon mandated wholesale broadband access products. The cost-orientation obligation does not applyif the SMP operator has jointly with at least one other provider of electronic communicationsservices competing on the downstream market deployed an FTTH network based on multiple fibrelines.Finally the Recommendation foresee that “Existing SMP obligations in relation to markets 4 and 5should continue and should not be undone by changes to the existing network architecture andtechnology, unless agreement is reached on an appropriate migration path between the SMPoperator and operators currently enjoying access to the SMP operator's network”.3.3 Pursuing the Rational for the missing of the IA related to the RecommendationThe analysis of the Recommendation on NGA shows that the missing of an appropriate IA matters.The idea to extent the regulatory framework on NGA is in contradiction with the regulatoryframework for electronic communication and the principles according to which the remedies haveto be imposed. Moreover the NRAs analysis of NGA issue suggest the implementation of a moredeeply market analysis before to issue a legislative proposal in the NGA environment, given thenewness that the NGA represent for the market and consequently for the regulator.The Ofcom analysis recognizes the need to follow a strict economic approach to regulate the NGA;in fact NGA represents a market with not so clear borders: for this reason the regulator has to paymore attention, evaluating in a correct way all possible impacts of the different regulatory options.In his analysis Ofcom states that the “equality of access” promoted by the current frameworkrepresents the most appropriate approach to address the problem of enduring economic bottlenecks,like the access one; it can be useful also to address the problem of access in NGN environment; at91
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LUISS GUIDO CARLIDOTTORATO DI RICER
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a form-based approach 4 . In partic
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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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which apply only to some type of cu
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to capture. Then it compares these
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References:DG Competition, DG Compe
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Secondo quanto stabilito dalla giur
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L’autonomia di fattispecie abusiv
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Difatti DT era soggetta a specifici
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L’applicazione dei criteri sopra
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1.3 La sentenza TeliaSonera: un sal
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A parere dunque dell’avvocato gen
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Le pronunce comunitarie hanno accre
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Page 41 and 42: BIBLIOGRAFIACase C-52/09, Konkurren
Page 44 and 45: REGULATORY IMPACT ASSESSMENT INTELE
Page 46 and 47: IntroductionRegulatory Impact Asses
Page 48 and 49: technical nature of RIA tool was pr
Page 50 and 51: correct evaluation of the costs and
Page 52 and 53: counter political development that
Page 54 and 55: each "major rule" pending, subject
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Page 58 and 59: the effort of the other department
Page 60 and 61: 3. The Development of RIA: the Euro
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Page 66 and 67: SECTION BAn Empirical Analysis of T
Page 68 and 69: With the adoption of New Regulatory
Page 70 and 71: The Commission evaluates the impact
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Page 76 and 77: The electronic communications secto
Page 78 and 79: In order to reach this objective th
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Page 86 and 87: 3. Third Case Study - The Commissio
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Page 94 and 95: In order to understand how the RIA
Page 96 and 97: What is possible learned from the a
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