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

BoR (11) 06b
According to the draft decisions on Markets 4. and 5 (after national consultation, before
notification):
The SMP operator has to inform its wholesale customers about the availability of new
wholesale access products 6 months before the SMP operator starts to use the new
products.
The SMP operator has to ensure the continuous provision and the proper quality of
access services during the migration process.
Provisions for decommissioning current network elements and for information providing
on new network elements: see below.
� 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
Decommissioning of MDFs with collocation (already provided wholesale access) is
subject to the permission of the NRA. The NRA has to be informed about the
decommissioning of MDFs 5 years before the planned date of decommissioning. The
SMP operator and its wholesale customers may agree upon a shorter period. The
decommissioning is authorized if further access provision would not be reasonable and a
migration path is available. Decommissioning of MDFs without collocation (without
already provided wholesale access) has to be announced to the NRA 12 months before
the planned date of decommissioning. The actual plan of decommissioning of MDFs and
street cabinets has to be published and kept updated on the SMP operator's website.
� 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
Approval for a phase-out is contingent upon the availability of a migration path (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
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.
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.
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