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

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<strong>BoR</strong> (<strong>11</strong>) <strong>06b</strong><br />

Moreover TDC shall respectively via the copper network and the cable TV network<br />

provide access to all functionalities that can support a supply of broadband products,<br />

devoted to end-users. It is a requirement that it is used by TDC itself. Regarding the<br />

copper network the examples of such functionalities are multi-channel offerings, multicast<br />

and unicast. However for the cable TV network, there are at this stage capacity problems<br />

in relation to such services. Therefore TDC is not obliged to grant access to multicast on<br />

the cable TV network. This is due to the fact that the cable TV network is a shared<br />

capacity.<br />

Which obligations to be imposed in relation to the fibre network has been postponed to a<br />

separate decision since TDC has acquired a fibre network shortly before the final decision<br />

on market 5 was to be published. In July 2010 NITA held a national consultation on a<br />

draft decision in which mandated access to TDC‟s fibre network it suggested. A final<br />

decision has been issued 3 November 2010.<br />

c) Included in market 5.<br />

d) NITA‟s latest decision on the wholesale bitstream access market (market 5) was issued<br />

22 December 2009. As mentioned under question b) NITA ‟s latest decision on mandated<br />

access to TDC‟s fibre network was issued 3 November 2010.<br />

TDC is imposed an obligation for transparency in connection with:<br />

� All necessary information regarding the conclusion of the interconnection agreements.<br />

� The interconnection agreements entered into with internal or external agreement<br />

parties, which contain deviant terms, conditions, commercial condition, including<br />

conditions for delivery and use, and also prices and technical conditions etc., with<br />

regard to TDC‟s relevant standard offer.<br />

� Changes in the existing offer of interconnection products and coming new<br />

interconnection products in the market.<br />

� TDC‟s passive and active infrastructure.<br />

� TDC is obliged to prepare a reference offer, for the interconnection products that are<br />

covered by the access obligation. In addition, the obligation includes laying down SLA<br />

and KPI. The proportionality condition mentioned below could be made the subject of<br />

further discussions with the industry‟s actors before preparing the reference offer:<br />

o Laying down of SLA‟s and KPI‟s, including quality requirements for the<br />

broadband connection products,<br />

o Collocation in advanced connection points.<br />

� Overall the obligation of non-discrimination implies that TDC shall specially ensure:<br />

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