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

d) Proposed Market 4 remedies:
� Reference offer (release date: 3 months after the SMP decision is issued).
� Access obligation.
BoR (11) 06b
� Transparency obligation –- information on geographical location, physical
characteristics, network architecture; publication of Key Performance Indicators.
� Non-discrimination obligations – inert alia: to offer identical terms and conditions in
comparable circumstances; to prevent the exchange of unauthorized information
between employees of the wholesale and retail part of SMP operator, ignoring safety
rules; to apply IT systems for ordering telecommunication access to ensure equal
access to information for all entities, and preventing discriminatory flow of
unauthorized information.
e) Costs determined based on cost model (Art. 13 of AD).
f) Price control obligation – Art. 13 of AD (charges based on costs incurred).
g) Access to fibre loops is granted if no access to ducts or dark fibres is possible in a given
local loop. This appropriate measure was designed as a proportionate application of the
ladder of investment principle tackling market failures in Poland (corresponds to recital 3
and art. 3 NGA Recommendation).
More specific questions regarding fibre unbundling mainly resulting from the Commission’s
Draft NGA Recommendation:
� Specify for Market 4 which of the remedies according to Art. 9-13 AD are in place with
regard to FttH/B and FttN.
� Obligations of access – Art. 12 of AD
� Obligation of non-discrimination – Art. 10 of AD
� Obligation of transparency – Art. 9 of AD
� Obligation of accounting separation – Art. 11 of AD
� Obligation for cost orientation of prices – Art. 13 of AD
� Art. 22f Draft NGA Rec. foresees to mandate unbundled access to the fibre loop
irrespective of the network architecture and topology implemented by the SMP operator.
Are there any exceptions applying to SMP providers (e.g., in certain geographic areas)
from such an obligation? If so, specify these exceptions and elaborate on the reasoning for
not imposing unbundled access to the fibre loop.
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