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

BoR (11) 06b
� The competitor is allowed to install fibre-lines (under supervision by Telekom
Deutschland GmbH representatives).
Access is provided only to a quarter section of a duct (even greater granularity was not
justified considering that the number of customers accessible do not allow an efficient
utilization by more operators).
In case there is not enough space to provide a complete duct or a quarter duct between
MDF and cabinet, Telekom Deutschland GmbH shall provide the vacant space, if it is
possible to either install a duct divider subsequently or to lay optical fibres.
Duct access shall be provided within 6 months after the competitor‟s ordering (Telekom
Deutschland GmbH can terminate this provision within 18 months notice if the cable
ducts are closed or relocated - Telekom Deutschland GmbH must assure the
availability of duct capacity between MDF and street cabinet (without a one-off fee).
Telekom Deutschland GmbH is entitled to dispose of one complete duct as a reserve to
guarantee quick fault clearance in case of damage to cables.
e) CCA Cost base, LRAIC based cost allocation, bottom-up cost model for calculating the
invest.
f) Rates for access consist of fees for planning and providing access and monthly payments
per quarter segment per metre.
2.2 Dark fibre
Dark fibre access was mandated in the regulatory order dated 27.06.2007. BNetzA specified
in its decision as of December 4 2009 the conditions to provide access to dark fibre. Telekom
Deutschland GmbH was obliged to provide duct access if duct access is not possible due to
limitations of free space. Similar to duct access, access to dark fibre was an ancillary service
to unbundling at the street cabinet. BNetzA‟s decision (Dec. 4 2009) to oblige Telekom
Deutschland GmbH to provide access to dark fibre (unless duct access is available) was
overruled by the Federal Administrative Court in January 2010.
The remedies decision just notified again contains an obligation to provide access to dark fibre
when duct access is not possible:
a) To be re-mandated, not yet available.
b) The provision of access to dark fibre constitutes an annex service to unbundling at the
street cabinet.
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