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

BoR (11) 06b
GmbH must assure the availability of duct capacity between MDF and street cabinet
(without a one-off fee).
� Elaborate on the rationale for allowing or not allowing a decommissioning of MDFs, and
any conditions involved. E.g., approval for a phase-out may be made contingent upon the
availability of an equivalent alternative wholesale product. 3
See above
� In its report “NGA – Implementation Issues and Best Practice” 4 BEREC suggested that “in
addition to the reference offer – wholesale customers should be able to obtain relevant
information on roll-out of new infrastructures or technologies per geographical area. A
reasonable window of announcement is necessary to create a level playing field on the
retail market”.
- Explain if such provisions are applied and what they look like.
An obligation to announce the planned dates of the modification of street cabinets for
taking up DSLAMs of VDSL-infrastructures was revoked by a court ruling. Other
obligations of this kind have not been imposed.
- Elaborate on your practical experiences with such provisions (e.g. have there been any
practical problems with enforcing such provisions?).
See above
� Are there any provisions dealing with stranded assets? Investments by alternative
operators get sunk if the closure of MDFs implies that pay-back periods are shorter than
initially expected. Are there any measures in place to solve the problem of stranded assets
and what do they look like (e.g. compensation schemes 5 )?
A request by some competitors for higher termination rates to compensate for the cost of
building their own FFTB networks was rejected in 2008 because these costs could at this
point not be attributed to the prospect of the migration to NGA-networks by the incumbent.
The Bundesnetzagentur however has not ruled out that compensation schemes may be
part of a migration process in the future.
� Are there any provisions relating to the costs of migration? E.g., how are the costs of
migration split between the SMP operator and the competitors?
3 See ERG (07) 16rev2, Ch. 4.5.2 and in particular the flow-chart diagram illustrating procedural
issues in the substitution phase.
4 BoR (10) 08; Chapter E.2, p. 9
5 See BoR (10) 08, Ch. E.2
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