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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 />

� Tariff obligations: access tariffs must be reasonable and comply with the principles of<br />

non-discriminations, relevance and effectiveness. They take into account a rate of<br />

return on capital that reflects the risk and gives a bonus to the initial investors.<br />

Specific obligations only apply to very high-density areas: in those areas, the building<br />

operator has to grant reasonable requests to roll-out dedicated fibre lines and installing<br />

specific equipments. In this case, the building operator is entitled to require the third<br />

operator to contribute and help finance the installation in the building, up to the sum of the<br />

costs specifically incurred by its requests and a fair share of costs to be shared between<br />

operators.<br />

e) The terms and conditions governing the price of access must be reasonable and comply<br />

with the principles of non-discrimination, objectivity, relevance and efficiency. The rate of<br />

return on investment used to determine these pricing terms and conditions will take<br />

account of the risk incurred and will extend a risk premium to the building operator<br />

(resulting in a WACC of 10.4% and a risk premium of 4.6%).<br />

In accordance with these principles, when the operator benefitting from this access<br />

contributes at the outset to financing the installation of the lines in the building, its<br />

contribution will be composed of financing the costs that are attributable to installations<br />

made on its behalf, along with an equal portion of the costs that are to be shared by all of<br />

the operators.<br />

f) Not applicable.<br />

3.2 Concentration point/ manhole unbundling<br />

Included in relevant market definition but no remedies Market 4 (no obligation ).<br />

3.3 Cabinet unbundling<br />

France plans to regulate sub-loop copper line unbundling.<br />

a) Obligations for SMP to provide regulated offers for access and sub-loop copper line<br />

unbundling.<br />

b) Copper line sub loop unbundling based on two different technical solutions:<br />

� "mono-injection": all the lines are activated near the cabinet impacted,<br />

� "bi-injection”: the lines of the cabinet impacted could be activated near the cabinet or<br />

in the MDF.<br />

c) The sub-loop copper line unbundling access products are included in the M4.<br />

79

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