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

BoR (11) 06b
According to NITAs knowledge there has not been any use of duct access yet. However
NITA does not require data for that wholesale product.
b) Product definition (main features, e.g. location of access point along the value chain).
Cable ducts are in the market decision on market four defined as the pipes or ducts
located in the ground through which the fibre runs.
The incumbent is responsible for optimizing the infrastructure, when access to backhaul
is required, so that other operators can access either the ducts or dark fibre.
Duct access is only mandated as a backhaul service when incumbent establish a
cabinet in order to upgrade the network.
c) Duct access is included in market 4 (as a backhaul service).
d) Duct access was mandated in NITAs decision on Market 4 published on May 1. 2009.
The obligations mentioned below was available two month after publication (July 1.
2009).
� There is an obligation of transparency in connection with ducts. The obligation
requires that the incumbent must disclose information on its passive and active
infrastructure. This means that the incumbent at the request of an operator must
provide access to an overview of the incumbent‟s network. Therefore the incumbent is
when requested upon required to provide information regarding cable ducts and all
maps and information related to existing ducts, newly built and planned cable ducts.
� The incumbent was required to establish and publish a reference offer two months
after the market decision was published.
� There is an obligation of non-discrimination. It is not specifically mentioned in the
market decision or in the telecommunications law that the incumbent can be restricted
from launching retail products until wholesale products are available. However, it is a
remedy that NITA can impose due to the non-discrimination obligation, if barriers etc.
of competition are met. In the current revision and implementation of the framework
directive, the national act will explicitly give authority to restrict the launch of retail
products until the wholesale product is available.
� On market 4, there is an obligation to give access to backhaul. The obligation also
grants the alternative operators access to use the incumbents ducts to the backhaul
portions on the net. Regarding access to ducts, parties which are entitled to
interconnection can ask providers (third parties) which are not players on the market,
to arrange a backhaul-connection using the incumbent‟s ducts. The invitation to let
third parties create a backhaul-connection in the incumbent‟s ducts requires that the
connection established supports the asking parties‟ activities on the market.
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