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

d)
BoR (11) 06b
In Market 12: unbundled Bitstream access, including ADSL/SDSL-Infrastructure,
minimum bandwidth.
Yes, in Market 5 new remedies decision (in force since September 17 2010), obligation to
provide reference offer is in force, but due to current lack of general demand, a reference
offer for layer-2-bitstream access is not yet requested. (see 3.5 a.).
� transparency obligation: (fairness, reasonableness and timeliness), amendment the
reference offer submitted;
� availability of reference offer: mandated for Layer-2 and Layer-3-Bitstream, already
provided for layer 3 bitstream access and in review;
� non-discrimination obligations: There is an explicit obligation to ensure that services
provided to SMP-provider own business are identical to those provided to access
seekers;
� access obligations:
o the SMP-provider has to give access to its broadband infrastructure (bundled or
unbundled broadband access)
o collocation.
e) Based on Remedies Decision of 09/2006 and 03/2007 prices are set by BNetzA on an
ex-ante basis for IP-Bitstream (LRAIC) and ATM-Bitstream is subject to ex-postregulation.
New market 5 remedies decision (in force since September 17 2010): expost
regulation for both.
f) In the new Remedies Decision of Market 5 the ex-ante-pricing obligation is replaced by
the ex-post pricing obligation for layer-2 and layer-3 bitstream access.
Below, some additional questions on bitstream:
� Please describe the different points of access available (e.g. at the broadband PoP, MDF)
and the layers (layer 2, 3 )
The new Remedies Decision for Market 5 is in force since September 17 2010. It defines
two different product markets:
� Layer-2-Bitstream-access (available at national or regional delivery points; handover
at the Layer-2 level including all xDSL and fibre based access infrastructures):
o ATM-Bitstream-access: access at broadband PoP or at access points nearer to
the end customer-premises;
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