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

BoR (11) 06b
“D 31. Loops unbundled prior to relocation should not be relocated without checking for the
possibility of alternative access (i.e. the express willingness of the end-user should
prevail), unless there are severe impediments of a technical nature or in terms of network
optimisation, which inhibit the unbundled loops from being maintained in the original AP
and where grounds are provided, on a case by case basis, to the beneficiary operator and
to ICP-ANACOM which may determine on such situations”.
That is, an equivalent access should be available, according to the end users‟ request,
unless an alternative is not feasible (or the loop cannot be maintained).
In its report “NGA – Implementation Issues and Best Practice” 15 BEREC suggested that “in
addition to the reference offer – wholesale customers should be able to obtain relevant
information on roll-out of new infrastructures or technologies per geographical area. A
reasonable window of announcement is necessary to create a level playing field on the
retail market”.
- Explain if such provisions are applied and what they look like.
As mentioned above, 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, has been set out by ANACOM.
For example, the specific conditions to be deployed in a given local geographical area
should follow the general principles and technical conditions agreed by PT and the RUO
beneficiaries and established no later than 4 months prior to the date of equipment
relocation.
The window of announcement of loop relocation or MDF decommissioning should not be
smaller than 12 months (and up to 60 months in the case of decommissioning of more than
2/3 of the MDF/loops) – see above.
- Elaborate on your practical experiences with such provisions (e.g. have there been any
practical problems with enforcing such provisions?).
N/A for NGA. However, regarding LLU, there were some practical problems in 2007-2009
over the remotization/relocation of loops by PT in some MDFs (i.e. decommissioning of
some areas covered by some MDFs and relocation in remote MDFs), precluding the
unbundling of local loops in those areas (previously covered). Rules of transparency and
non-discrimination were enforced in this case, resulting in the above mentioned RUO
determination of February 2010.
15 BoR (10) 08; Chapter E.2, p. 9.
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