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

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No, there are not any provisions relating to the costs of migration.<br />

5 Transparency regarding civil engineering infrastructure<br />

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

� Art. 17 of the Draft <strong>NGA</strong> Recommendation foresees the establishment of a database<br />

containing information on (e.g.) geographical location, available capacity of all ducts 6 . In<br />

case such a database exists already in your country, explain:<br />

In Estonia Elion (incumbent) owns almost 100 % of cable ducts. Access to cable ducts as<br />

a support service is included on market 4 and also obligations of access, nondiscrimination,<br />

transparency and cost accounting are established. Ducts database belongs<br />

to Elion and is accessible to all operators. Set-up and running costs of the database are<br />

shared between Elion and operators who use Elion ducts. Costs sharing have to follow HC<br />

TDC TD methodology, which proceed from cost accounting obligations on market 4.<br />

According to the Estonian Construction Law, the common data concerning civil<br />

engineering infrastructure is available in the register of the construction, which belongs to<br />

Ministry of Economy Affairs and Communications. At present of a modification to this<br />

database is taking place and we can‟t answer more specifically to question cited above.<br />

- Who established/runs this database: the NRA or another institution, possibly in cooperation<br />

with the NRA?<br />

- Which data are collected in this database?<br />

- Does the information collected cover just telcos or also non-telcos?<br />

- How is the information being provided, on a voluntary basis or based on obligations?<br />

Specify the legal grounds for any obligations.<br />

- What are the legal requirements that must be met to be entitled to get access to this<br />

database? Who in your country is entitled to access this database, only operators or also<br />

administrative units?<br />

- Are there different levels of accessible information e.g. depending on the type of the<br />

entity requesting access to the database?<br />

- How are business secrets dealt with?<br />

6 Note: In its Opinion to this Draft Recommendation <strong>BEREC</strong> suggested to replace “all ducts” with<br />

“civil engineering infrastructure”.<br />

60

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