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

BoR (11) 06b
A migration path as such has as yet neither been defined by the incumbent, because its
planning on this issue has not reached a suitably specific state, nor by the
Bundesnetzagentur, because the interests of the competitors are protected by the current
reference offer, and premature interference could detrimentally affect negotiations on the
migration process between the incumbent and its competitors. Necessary building blocks
of any migration process, such as level 2 and 3 bitstream access, have either already been
imposed or are under consideration.
� Are there any specific provisions for decommissioning MDFs that may help to create a
level playing field and avoid discriminatory situations? E.g., is a certain notice period
required so that competitors are informed about such decommissioning a reasonable
period in advance, thereby avoiding discriminatory situations? 2
Under the current reference offer, the decommissioning of MDFs is not allowed. MDFs can
only be relocated to other places. However, this means that the local loop remains
accessible through an MDF. Thus the incumbent cannot decommission its MDFs without
changing the reference offer first, including the definition of the migration process, which
has to be approved by the Bundesnetzagentur.
BNetzA addressed the migration issue in its “Key elements for progressing modern
telecommunications networks and creating powerful broadband infrastructures” published
in March 2010:
“In connection with fibre rollout, the aspect of main distribution frame reduction needs to be
taken into account. Whether providers take their own FTTx networks closer to the
customer or realise their services in full or in part by means of bitstream access will also
depend on the shape of the relevant wholesale products. The wholesale products will need
to be put together in such a way that, even with NGA migration, the current level of
infrastructure-based competition, at least, remains possible. To make sure that competitors
can still compete with the SMP undertaking in the NGA environment and to prevent any remonopolisation,
it will be necessary to define adequate transition periods. For instance,
access to the local loop at the MDF should not be given up before suitable wholesale
alternatives are actually available.”
Duct access: In its decision of December 4 2009 in which BNetzA (inter alia) fixed the
conditions for duct access between MDF and the street cabinet, it was determined that
Telekom Deutschland GmbH may terminate provision of duct access with 18 months
notice if the cable ducts are closed or relocated. In the latter case Telekom Deutschland
2 BoR (10) 98, p. 9 suggests “Information on phasing out legacy wholesale service should be
announced a reasonable period in advance to avoid discriminatory situations” whereas the Draft
NGA Recommendation envisaged (Art. 39) a general five year transitional period.
101