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

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?
Currently no MDF exchange phasing out is foreseen before at least 2014.
OPTA adopted on 19th December 2008 its final decision regarding Markets 4 and 5, which
includes some rules under which circumstances a withdrawal of access to the copper
network that has already been granted could be reasonable.
First, phasing out of MDF-access services –OPTA identifies the ex-change/location as the
smallest unit that can be phased out– is only allowed after a reasonable announcement
period of at least 2 years. In practise the incumbent and KPN agreed on a three year
announcement period.
Second, MDF-access customers need a reasonable period to determine to which
alternative they want to migrate and an alternative (ODF/ODF and WBA) has to available.
Third, there also needs to be a reasonable overlay period. Additionally, for the phasing out,
the incumbent is not allowed to discriminate between itself and other MDF-access
customers. This non-discrimination obligations also relates to the quality aspects of
migration and to time periods, and means that the incumbent can only withdraw access if it
does no longer use the copper pairs on that location for its own ser-vices.
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