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

BoR (11) 06b
g) NITA has put a measure on the incumbent not to take actions which have a negative
effect (downgrade of capacity) on copper lines used by alternative operators. Exceptions
exists (e.g. general filling of the network). This is probably more relevant for LLU but
does also apply to sub loops.
3.4 ODF unbundling
a) ODF unbundling is not available on a mandated basis. NITA has not seen any examples
on voluntary access and has not collect information from TDC on this issue.
b) There is no explicit definition of concentrations point/manhole unbundling or equivalent
since it is not mandated in NITAs regulation.
c) – g) Can not be answered due to the answer to a).
More specific questions regarding fibre unbundling mainly resulting from the Commission’s
Draft NGA Recommendation:
� Specify for Market 4 which of the remedies according to Art. 9-13 AD are in place with
regard to FttH/B and FttN.
All remedies are in place with regard to FTTN.
With regard to FTTH no remedies are in place as this is not regulated on Market 4. The
reason for this is that the fibre roll-out is primarily carried out by alternative operators
(power utility companies) with a totally different network. Therefore unbundled fibres in the
access-part will is not demanded (switching cost are to high, coverage to low etc.).
However since the decision on Market 4 was published the incumbent has acquired a fibre
network from one power utility company and has started supply in that geographic area of
Denmark. This will lead NITA to investigate whether unbundled fibre should be included in
next market 4 examination.
� Art. 22f Draft NGA Rec. foresees to mandate unbundled access to the fibre loop
irrespective of the network architecture and topology implemented by the SMP operator.
Are there any exceptions applying to SMP providers (e.g., in certain geographic areas)
from such an obligation? If so, specify these exceptions and elaborate on the reasoning for
not imposing unbundled access to the fibre loop.
See above.
� Specify the conditions of the reference offer for unbundled access to the fibre loop, in
particular those conditions that go beyond the minimum list of conditions as set out in
Annex II FD (→ Art. 24 Draft NGA Rec).
See above.
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