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

BoR (11) 06b
f) According to actual expenditure, no fixed tariffs because this product has up until now
been scarcely requested.
3.2 Concentration point/ manhole unbundling
Access has to be provided at the point where the relevant product can be accessed in
unbundled form, independent from the surrounding infrastructure, whether street cabinet or
manhole.
3.3 Cabinet unbundling
a) mandated, figures not available.
b) Product definition (main features, e.g. location of access point along the value chain).
On December 4 2009 BNetzA specified in a ruling chamber decision the conditions for
access to Telekom Deutschland GmbH‟s access infrastructure. The decision requires
Telekom Deutschland GmbH to provide a) access to the street cabinets and b) duct
access. Originally, there was also an obligation to provide access to dark fibre (unless duct
access is available). However, this decision was overruled by the Federal Administrative
Court in January 2010.
The general obligation to provide these services was already set out in the regulatory order
of BNetzA‟s decision (June 27 2007) concerning access to the local loop, street cabinet
access and access to ducts and dark fibre without however specifying the specific access
conditions for the services to be provided.
In the context of the ladder of investment, access to the street cabinet reflects the left side
of the ladder showing the access products whereas duct access is an element of the
ladder‟s right side (wholesale products to reach the access point).
Since summer 2008 Telekom Deutschland GmbH and competitors had tried to reach a
voluntary agreement on these issues. In August 2009, Vodafone‟s fixed network division
requested BNetzA to settle the dispute. This Vodafone case was settled by BNetzA.
Several similar other cases were decided afterwards based on the principles of the “pilot”
decision.
Telekom Deutschland GmbH is required to provide access to its street cabinets thereby
enabling competitors to install their own DSLAMs.
The cabinets have sufficient space for up to four further DSLAMs. Due to waste heat and
depending on the power supply, co-location may be limited to two further DSLAMs in
practice.
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