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

BoR (11) 06b
d) The obligations for the SMP are transparency, reference offer, non-discrimination,
access to shared and full copper line (sub loop) with specific obligations in case of
"mono-injection" solution: collocation and backhaul regulated offers and financial
compensation for unbundlers.
e) The offers provided by the SMP have to be cost oriented with a constraint on the price:
non-squeezing tariff comparatively to bitstream.
3.4 ODF unbundling
ODF unbundling is not available.
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.
� 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.
� 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).
� What is the basis of the prices charged for access to the unbundled fibre loop (e.g., costorientation)?
Is a premium incorporated reflecting any additional and quantifiable
investment risk? If so, how you took account of the various factors of uncertainty on the
one hand and the criteria mitigating the risk of NGA investment for the SMP operator on
the other hand (→ Art. 25 and Annex I Draft NGA Rec.).
3.5 Enhanced Bitstream 1
a) Enhanced bitstream is not available.
b) Not applicable.
1 See ERG (09) 17, Ch. D.1, in particular p. 12.
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