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Home : ITU-D : Europe and CIS Region : Broadband Infrastructure
   
Legislative Know-How: Open access to infrastructure and competition in infrastructure operators
 

The telecommunication services and in particular the broadband services are one of the key communication, information, knowledge, services source worldwide. At the some time as indicated in the many reports, Poland is behind in terms of the infrastructure development and access in comparison to other EU Members. The situation is not changing even with the add

The aim of the activities undertaken under Priority III, after the "opening" on investment land and buildings (priority I) and streamlining the investment process (priority II), is "opening" of such infrastructures in the telecommunications access. This priority were also included in "opening" of another technical infrastructure (eg.: water supply, sewerage, energy) for telecommunications.

With regard to the wiring inside-building, it should be noted that it is doubtful that due to costs, lack of space in cable ducts, and the refusal of owners, operators chose to reproduce such wiring. Therefore, the wiring inside-building sharing is a critical element to ensure effective competition in the broadband arena, particularly in the FTTx model.  

Experience in recent years shows, for the telecommunications investment needs, the existing "public" infrastructure can be successfully used - such as water supply, electricity or sewerage. It is therefore important to remove legal and administrative barriers restricting the construction, supervision and maintenance of telecommunications infrastructure by entrepreneurs and other individuals possessing the technical infrastructure and incentives to actively invest, including joint ventures with the telecommunications undertakings, in particular, as described in section IV.

Verification and, if necessary, the optimization require the rules governing the sharing of infrastructure, both based on access to telecommunications infrastructure operator with significant market power and other infrastructure business (Rule 139 Pt.)

 

The Assumptions Proposed under Priority III

The Law on access to telecommunications development within the country and changes to the Telecommunications Law, Energy Law, Law on collective water supply and discharge of wastewater:

1) Any person who has endowed the building of sewage systems or fiber optic cable is required to take into account the reasonable requests for access providers, to provide telecommunications services to end-user. Sewer and fiber optic cable made available under conditions of transparency and non-discrimination, to effectively connect the operators on reasonable conditions, economic and technical. Any denial of access must be substantiated. Sewer and fiber optic cable made available under a contract concluded between the interested parties. The agreement lays down the technical and financial access. The agreement is forwarded to the regulatory authority. Questions concerning the conclusion and implementation of the agreement shall be submitted for decision to the regulatory authority.

2) The operator shall, without prejudice to the provisions of the Framework Directive, take into account the reasonable requests of other operators for access to fiber and sanitation, to provide telecommunications services to end-user. Sewer and fiber optic cable made available under conditions of transparency and non-discrimination, to effectively connect the other operators on reasonable terms, economic and technical. The regulatory authority make a decision concerning the access disputes.

3) For the connections with speeds above 30 Mb / s[1], the operator has no obligation to provide BSA. .[2]

4) Units of local government and entrepreneur, state and private performing the tasks on general interest, such as water supply, electricity and gas, construction of roads, sewage treatment, and conducting other similar activities, hereinafter referred to as "public entrepreneurs", may also pursue work related to construction, supervision and maintenance of telecommunications infrastructure, in particular, cable ducts. The use of such infrastructure is paid for, and it is available on the principles of transparency, openness and non-discrimination and ensure the development of competition in the telecommunications market.

5) Units of local government and entrepreneurs state and private, performing tasks of general interest, such as water supply and water supply, electricity and gas, construction of roads, sewage treatment, and conducting other similar activities, hereinafter referred to as "public entrepreneurs" have an obligation to share its infrastructure (other than telecommunications, referred to in paragraph 4) for telecommunications on the principles of transparency, openness and non-discrimination. Implementation of this obligation can not prevent or significantly impede the implementation of these local government units and public utility companies of their tasks, for which implementation is used this infrastructure. Disputes in respect of this provision is under a decision the governor.

6) In case of insufficient coverage of the mobile public telecommunications network 2G and 3G, the regulatory authority after public consultation and no later than 6 months after entry into force of the law on access to telecommunications in the country, shall designate the terms on which will be introduced the sharing mobile infrastructure, and population coverage threshold, below which the division is deployed in the area.

 

 

[1] Throughput is set by the authority and it depends on the state of the market.

[2]  BSA is a wholesale service, at which the operator does not bear the costs of alternative infrastructure. In the case of ordinary telephone lines, this problem does not exist, because the whole infrastructure (cables) have been built since a long time. In the case of NGN has no such comfort, as this is a new infrastructure. It is therefore desirable to get as many players participated in the construction of fiber (not just TPSA). In France and Spain (and U.S.) was given to all a very clear signal, eliminating the BSA fiber optics: do you want to count on the market? You have to get involved in the construction of fiber optics. In this way, also assured the operators that they can count on the return on investment. However, to facilitate operators the creation of infrastructure and that infrastructure is not duplicate, it was ordered to share the links at the last stretch to the client (from the building or the street device), and fully share the sewers (to a few operators did not have to dig the channels next to each other) . We believe that this is a very good solution.

 

 

 

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Updated : 2011-06-24