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

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

� Elaborate on the rationale for allowing or not allowing a decommissioning of MDFs, and<br />

any conditions involved. E.g., approval for a phase-out may be made contingent upon the<br />

availability of an equivalent alternative wholesale product. 2<br />

As long as the incumbent notices alternative operators at least 3 years before<br />

decommissioning MDFs, such decommissioning is not contingent on any approval.<br />

� In its <strong>report</strong> “<strong>NGA</strong> – Implementation Issues and Best Practice” 3 <strong>BEREC</strong> suggested that “in<br />

addition to the reference offer – wholesale customers should be able to obtain relevant<br />

information on roll-out of new infrastructures or technologies per geographical area. A<br />

reasonable window of announcement is necessary to create a level playing field on the<br />

retail market”.<br />

- Explain if such provisions are applied and what they look like.<br />

The incumbent is mandated to give notice when moving/establishing DSLAMs from the<br />

local exchange and closer to the end customers. The notice shall be given six month in<br />

advance as a minimum.<br />

- Elaborate on your practical experiences with such provisions (e.g. have there been any<br />

practical problems with enforcing such provisions?).<br />

No.<br />

� Are there any provisions dealing with stranded assets? Investments by alternative<br />

operators get sunk if the closure of MDFs implies that pay-back periods are shorter than<br />

initially expected. Are there any measures in place to solve the problem of stranded assets<br />

and what do they look like (e.g. compensation schemes 4 )?<br />

No such provisions/measures.<br />

� Are there any provisions relating to the costs of migration? E.g., how are the costs of<br />

migration split between the SMP operator and the competitors?<br />

Alternative operators pay their own part, and prices should be cost oriented.<br />

2 See ERG (07) 16rev2, Ch. 4.5.2 and in particular the flow-chart diagram illustrating procedural<br />

issues in the substitution phase.<br />

3 <strong>BoR</strong> (10) 08; Chapter E.2, p. 9.<br />

4 See <strong>BoR</strong> (10) 08, Ch. E.2.<br />

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