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

BoR (11) 06b
� Telekom Deutschland GmbH may exercise its right of repossession if virtual colocation
is assured. Costs incurred by both contract partners resulting from this shift
are borne by Telekom Deutschland GmbH.
� In order to provide sufficient space for competitors Telekom Deutschland GmbH may
have to “rear-range” space assignments in its cabinets. Otherwise, inefficient usage of
space within cabinets would make co-location impossible.
� If necessary, Telekom Deutschland GmbH has to renew technical systems (for waste
heat or power supply).
� Telekom Deutschland GmbH is not entitled to an explicit reserve. This would be
inappropriate considering that Telekom Deutschland GmbH has not yet submitted a
technical migration concept or a binding time-table.
� Fault clearance (in case of cable disruptions) has to be provided within 6 hours.
c) Co-location at the cabinet constitutes an annex service for unbundling at a street cabinet.
d)
� Originally, the regulatory order on ULL had contained an obligation to inform
competitors about (geographical) roll-out plans. However, this was rejected by the
administrative court as disproportionate.
� A reference offer is not yet available. However, the obligations imposed in individual
cases serve as a reference offer in practice because interested parties can apply for
similar rulings which can be granted within ten weeks.
� Non-discrimination obligation is imposed but no provision restricting launch of retail
product until wholesale product is in force. Note: The Federal Administrative court had
ruled in another decision that an SMP operator under certain conditions may be
entitled to offer wholesale products only at later date.
� See b) above.
e) Cost statements based on CCA, LRAIC based Cost-Allocation.
f) Rates for access consist of fees for planning and providing access and monthly payments.
3.4 ODF unbundling
ODF unbundling was not in force on 30.06.2010, but will be part of the new regulatory order
which will come in force in spring 2011:
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