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

BoR (11) 06b
bitstream access obligation if access to the fibre loop, in a given geographic area, results
in effective competition.
According to the obligations imposed in Market 5 analysis, bitstream services are currently
limited to products with a maximum speed of 30 Mbit/s, as there is considerable
uncertainty regarding the retail and wholesale demand for ultra-broadband speeds and
Market 4 measures allow for infrastructure-based competition. This limit is subject to
review in future market analysis.
4 Migration issues
� Is there a migration path envisaged from current to next generation access products?
What does it look like? To what extent is the NRA involved in setting up the migration
path?
Remedies allowing infrastructure-based competition are available (market 4 remedies).
Additionally, market 5 remedies (like the enhanced bitstream) allow for NGA competition
even in areas where alternative infrastructure has not been deployed.
Procedures for migration from different wholesale products to bitstream are available.
Within market 4 obligations, conditions for MDF-closure have been defined.
� 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? 2
Yes, current market 4 analysis imposes the obligation to Telefónica to submit to the NRA
authorization any modification in the access network that would change the conditions for
the unbundling wholesale access service. In particular, referring to decommissioning
MDFs, Telefónica must maintain all unbundling wholesale services in any exchange
currently open to collocation for at least 5 years, after the announcement of a MDF
decommission (1 year for the other exchanges). However, Telefónica and the involved
operators can reach an agreement with different conditions if they wish.
2 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.
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