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

BoR (11) 06b
� Are there any specific provisions for decommissioning MDFs that may help to create a
level playing field and avoid discriminatory situations? E.g., is a certain notice period
required so that competitors are informed about such decommissioning a reasonable
period in advance, thereby avoiding discriminatory situations? 12
The measures in this context are related to the publication, in a timely manner, of
appropriate information on the evolution to NGA (including MDF decommissioning) and as
well as ensuring the maintenance of LLU access for a reasonable period, which have been
be set out in the above mentioned RUO‟s determination of February 2010:
“D 27. In the case of relocation of loops for reasons attributable to PTC, and for the AP
[MDF] 13 where there are operators co-located, PTC shall give minimum prior notice of:
� 12 months where the number of active loops to be relocated is less than 1/3 of the
total active loops in the MDF;
� 36 months where the number of active loops to be relocated is more than 1/3 and less
than 2/3 of the total number of active loops in this AP;
� 60 months where the number of active loops to be relocated exceeds 2/3 of the total
number of active loops in this AP (including in the event that the AP itself is
decommissioned, and being reduced to 36 months, if an equivalent access can be
guaranteed.”
Moreover, it was imposed that “D 30. PTC shall agree with the beneficiaries of the RUO
(…) the general principles to be followed in planning and the technical conditions in case of
any need to relocate equipment (already) co-located in exchanges and any migration of
accesses/customers, subject to the intervention of this Authority in the event that no
agreement between the parties can be reached. The specific conditions to be deployed in
a given AP should follow the general principles and technical conditions agreed and
established no later than 4 months prior to the date of equipment relocation”.
� Elaborate on the rationale for allowing or not allowing a decommissioning of MDFs, and
any conditions involved. E.g., approval for a phase-out may be made contingent upon the
availability of an equivalent alternative wholesale product. 14
In the same RUO decision, it was imposed that
12 BoR (10) 98, p. 9 suggests “Information on phasing out legacy wholesale service should be
announced a reasonable period in advance to avoid discriminatory situations” whereas the Draft
NGA Recommendation envisaged (Art. 39) a general five year transitional period.
13 AP is equivalent to a MDF (in a local or remote exchange).
14 See ERG (07) 16rev2, Ch. 4.5.2 and in particular the flow-chart diagram illustrating procedural
issues in the substitution phase.
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