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

- Explain if such provisions are applied and what they look like.
BoR (11) 06b
- Elaborate on your practical experiences with such provisions (e.g. have there been any
practical problems with enforcing such provisions?).
� Are there any provisions dealing with stranded assets? Investments by alternative
operators get sunk if the closure of MDFs implies that pay-back periods are shorter than
initially expected. Are there any measures in place to solve the problem of stranded assets
and what do they look like (e.g. compensation schemes 5 )?
� Are there any provisions relating to the costs of migration? E.g., how are the costs of
migration split between the SMP operator and the competitors?
5 Transparency regarding civil engineering infrastructure
� Art. 17 of the Draft NGA Recommendation foresees the establishment of a database
containing information on (e.g.) geographical location, available capacity of all ducts 6 . In
case such a database exists already in your country, explain:
- Who established/runs this database: the NRA or another institution, possibly in cooperation
with the NRA?
- Which data are collected in this database?
- Does the information collected cover just telcos or also non-telcos?
- How is the information being provided, on a voluntary basis or based on obligations?
Specify the legal grounds for any obligations.
- What are the legal requirements that must be met to be entitled to get access to this
database? Who in your country is entitled to access this database, only operators or
also administrative units?
- Are there different levels of accessible information e.g. depending on the type of the
entity requesting access to the database?
- How are business secrets dealt with?
5 See BoR (10) 08, Ch. E.2.
6 Note: In its Opinion to this Draft Recommendation BEREC suggested to replace “all ducts” with
“civil engineering infrastructure”.
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