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

c) Included in Market X
BoR (11) 06b
d) Current regulatory obligations (available since ..., also mention remedies still under
discussion):
� transparency obligation e.g. requirements to provide information on the planned NGA
network topology, according to Art. 5 FD, see also Art. 4 Draft NGA Recommendation;
� availability of reference offer; time period to establish a Reference Offers (see Draft
NGA Recommendation Art. 15);
� non-discrimination obligations (e.g. provisions restricting launch of retail product until
wholesale product is available, see Draft NGA Recommendation Art. 32);
� access obligations (different types of mandated products? Details of product
variants)
e) Costing (e.g. LRIC, CCA, costs determined based on cost model; cost allocation issues,
cost of capital (specific to NGA, see ERG (09) 17 Ch. D.3.2 and Annex of the Draft NGA
Rec.)
f) Pricing (e.g. long-term pricing models such as upfront payments, volume discounts;
price-cap; measures to ensure consistency of remedies in Markets 4 and 5) (see Art. 5
Draft NGA Rec.)
g) Mention any other relevant SMP regulatory measure
2.1 Duct Access
a) Available in a mandated basis.
b) Portugal has an active reference offer for duct access and associated infrastructure (poles,
man-holes, etc.), mandatory for PT and not based initially on SMP, rather a direct
obligation for PT to provide this access by the Portuguese National Law. However, having
analysed the Market 4 in 2009, ANACOM concluded that new obligations should be
imposed to the SMP party, namely duct access and the publication of the duct reference
offer (ORAC).
c) The ORAC rules must result in efficient and effective procedures. In particular, they include
a procedures handbook and technical specifications (namely for cable installation,
intervention and removal), which need to be followed by beneficiary entities.
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