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BoR (11) 06b BEREC report NGA Country Cases - IRG

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<strong>BoR</strong> (<strong>11</strong>) <strong>06b</strong><br />

In the remedies decision of 2007 the access to fibre loop was not regulated. The current<br />

reference offer does not include this infrastructure. A reference offer will only be provided<br />

in case of general demand for unbundled FTTH access.<br />

� What is the basis of the prices charged for access to the unbundled fibre loop (e.g., costorientation)?<br />

Is a premium incorporated reflecting any additional and quantifiable<br />

investment risk? If so, how you took account of the various factors of uncertainty on the<br />

one hand and the criteria mitigating the risk of <strong>NGA</strong> investment for the SMP operator on<br />

the other hand (→ Art. 25 and Annex I Draft <strong>NGA</strong> Rec.).<br />

In the new remedies decision pricing for fibre loops is based on a ex-post rate regulation.<br />

Due to the exchangeability with copper-line based products which will continue to be exante<br />

regulated, margin-squeeze tests are deemed sufficient to ensure cost-efficient<br />

prices.<br />

3.5 Enhanced Bitstream 1<br />

a) Telekom Deutschland GmbH offers VDSL on a voluntary basis since 2009. Since 2010 a<br />

new remedies decision for bitstream is mandated including VDSL and FTTH/B<br />

infrastructure. Bitstream basing on FTTH/B-infrastructure is not yet available in the<br />

market, since the incumbents roll-out is in an early stage.<br />

b) On the basis of the Review of the Remedies Decision for Market 5, which came into force<br />

on September 17 2010, there are now the following product definitions:<br />

� Layer-2-Bitstream-access (available at different access points of network hierarchy):<br />

o ATM-Bitstream-access: includes all x- DSL-access-infrastructure, the transport<br />

of the data traffic (from the DSL-access to the ATM-concentrator network);<br />

o Ethernet-Bitstream-access: includes all xDSL-access-infrastructure and fibreaccess<br />

infrastructure, the transport of the data traffic (from access-lines (xDSL or<br />

fibre) to the Ethernet-concentrator network).<br />

� Layer-3-Bitstream-access (available at national or regional delivery points):<br />

o IP-Bitstream-Access: data traffic (from the xDSL-access, fibre-lines, TV-cablelines)<br />

at different access points of network hierarchy (concentration-network<br />

and/or IP-backbone).<br />

c) In Market 12 (now Market 5).<br />

1 See ERG (09) 17, Ch. D.1, in particular p. 12.<br />

98

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