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

3.5 Enhanced Bitstream 1
The current market analysis on Market 5 is still work in progress.
Below, some additional questions on bitstream:
BoR (11) 06b
� Please describe the different points of access available (e.g. at the broadband PoP, MDF)
and the layers (layer 2, 3 )
� Is quality differentiation possible and how is it implemented? Please mention the relevant
quality parameters and state whether guaranteed bandwidth is available.
� Is multi-cast technology available for alternative operators (e.g. as part of the regulated
product)?
More specific questions regarding bitstream resulting from the Commission’s Draft NGA
Recommendation:
� Did your NRA apply exceptions (e.g., in certain geographic areas) from imposing
wholesale bitstream access on SMP providers? If so, elaborate on the reasoning of that
decision. The Draft NGA Recommendation foresees in Art. 37 the possibility of removing
a bitstream access obligation if access to the fibre loop, in a given geographic area,
results in effective competition.
4 Migration issues
� Is there a migration path envisaged from current to next generation access
products? What does it look like? To what extent is the NRA involved in setting up the
migration path?
The migration path from current to next generation products will be the subject of further
consultations.
� 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
1 See ERG (09) 17, Ch. D.1, in particular p. 12.
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.
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