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

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6 Symmetrical regulation based on national legislation<br />

<strong>BoR</strong> (<strong>11</strong>) <strong>06b</strong><br />

� E.g. laws in France, Portugal, Spain: elaborate e.g. on the scope and content of the<br />

national legislation applied and also on which entities are covered by this legislation (see<br />

ERG (09) 17 Section D5).<br />

Symmetrical rules are provided in the Italian Code, Law 133/2008, Law 166/2002. Entities<br />

covered are operators and public administrative bodies (local authorities, concessionaries).<br />

Such legislation covers the provision of access to existing infrastructures (ducts, digs, etc)<br />

for fiber installation and the implementation of new passive infrastructures.<br />

Further symmetrical rules are proposed by Agcom within public consultation issued with<br />

decision 1/<strong>11</strong>/CONS for access to in-house-wiring, ducts, dark fiber, fiber ULL in the case<br />

of bottlenecks.<br />

7 National next generation broadband initiatives/ measures<br />

� Illustrate the main content of initiatives/measures aiming at promoting next generation<br />

broadband. 7 Consider the following aspects:<br />

- Main focus of the initiative/measure (e.g. providing broadband in currently underserved<br />

areas; outlining the regulatory approach towards <strong>NGA</strong>s networks in order to provide<br />

legal certainty and planning security for operators; providing transparency );<br />

National initiatives include:<br />

� the establishment (by Agcom decision n. 64/09/CONS) of a NGN Committee to define<br />

guidelines for the NGN (such guidelines have been completed in September 2010);<br />

� The Government's plan, “Italia Digitale” for the development of New Infrastructure for<br />

Next Generation Access Networks has been launched in public-private partnerships,<br />

to accelerate and optimize the implementation of European Agenda goals, which are<br />

beyond current investment capacity of the Italian TLC system: i.e. implementation of<br />

next-generation access infrastructure for about half the population by 2020. The<br />

project is aimed at creating and/or sharing ducts, dark fibre, vertical links, optic patch<br />

panels and optic links for radio stations, in line with the principle to develop a neutral<br />

and open infrastructure. The project, in accordance with EU regulation, particularly<br />

that one on "State Aids”, and with national rules on NGN covers an area of about 13<br />

million housing units (50% of total) and over 3 million apartment buildings spread<br />

throughout the country. In some cities, where development projects for <strong>NGA</strong>N<br />

networks are already planned, there could be, according to the principle of subsidiarity<br />

7 This may be initiatives/measures adopted by the government. Where appropriate you may also<br />

refer to NRAs’ strategies aiming at the promotion of next generation broadband.<br />

168

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