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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 />

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 />

Due to the <strong>NGA</strong> decision of November 12 th 2008, Belgacom will provide BIPT and<br />

alternative operators with its plans to develop networks (increase of the number of<br />

distribution frames, sub-distribution frames, cable distribution frames, technology used,<br />

network structure…), per region over a 5-year period. The information communicated<br />

includes among others:<br />

� all adaptations planned to the existing wholesale access points,<br />

� all closing downs planned of points where wholesale access is provided,<br />

� the time schedule of the network transformations expected/planned (globally and<br />

individually per access point).<br />

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

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

No problems with implementation.<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 5 )?<br />

If notification period of 5 years is respected, no stranded costs. Each operator pays its<br />

share.<br />

If Belgacom wants to close down more quickly a site where operators are already<br />

interconnected (before a five year period) Belgacom can negotiate with the operators<br />

concerned an acceptable alternative solution (like the provision of appropriate services<br />

from another site), the migration schedule and the financial consequences of a migration to<br />

such a solution. If Belgacom can reach an agreement with these operators it may close<br />

down the site at the end of the agreed migrations. BIPT can intervene.<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 />

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

22

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