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for sharing operators and potential service-    An IRU may be seen as a form of co-investment or
               based competitors. If this remains a concern    network sharing. Seen as an up-front guarantee
               for regulators, they could require (and provide   of access, the IRU effectively gives an operator a
               upfront regulatory certainty about) provisioning of   share of the infrastructure, which it shares with
               sufficient capacity for services-based competitors.  the grantor of the IRU and any other IRU holders.
                                                               IRUs have been a particular feature of the French
                                                               FTTH projects. They can also arise in mobile
               2.6.4   Service-Level Agreement (SLA)           network sharing arrangements.
               performance

               In the absence of infrastructure competition to   2.7   Alternatives to Network Sharing
               drive efficiencies, there will be a requirement
               for SLA-driven performance to incentivize the   What are the alternatives to network sharing/co-
               shared network to perform. Depending on the     investment? This section explores other ways for
               effectiveness of the SLA regime, this can be    governments to promote efficiency in deploying
               effective in ensuring efficient operation of the   broadband infrastructure.
               network.

               Commercial models for sharing                   2.7.1   Geographic splitting

               The main commercial models for network sharing   Geographic splitting allows one operator to simply
               and co-investment are joint ventures and long-  provide wholesale network services to another
               term co-operation agreements, often known as    operator – including national roaming or MVNO
               IRU access.                                     services – in return for the same services being
                                                               provided to it in another geographic region.
               Joint ventures – Joint ventures are a common    Operator A would build, own and operate the
               structure adopted for network sharing (usually   network in Region A, allowing Operator B to use
               incorporated, sometimes unincorporated).        its network there. In return, Operator A would
               Normally, the joint venture owns, operates      get the same rights to use Operator B’s network
               and maintains the joint network. In these       in Region B. This sort of arrangement can be
               circumstances, sharing operators contribute     applied in relation to fixed networks, as well as
               financial and human resources to the joint      mobile ones. In Geneva, Switzerland, for example,
               venture, although some aspects may be           the utility SIG operates an access network in the
               outsourced to third-party vendors. Sometimes it is   Geneva metro area, while Swisscom operates
               only an asset-owning joint venture, or the JV may   an access network in the centre city. Both
               acquire assets from one or both sharing partners   SIG and Swisscom grant each other dark fibre
               to form the basis of the new network.           access, allocating the roll-out cost 60 per cent to
                                                               Swisscom and 40 per cent to SIG .
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               Indefeasible rights of use (IRUs) – IRUs have been
               a feature of the telecommunication industry for   In the fixed network context, there are instances
               many years, particularly for long-haul transmission   of one partner building the access or "last-mile"
               and undersea cables. Legally, IRUs give a party the   segment of a network, with another partner
               right to use network infrastructure (such as dark   building the backhaul segment. In Switzerland,
               fibre), a certain amount of capacity (including   the utility usually builds the terminating segment
               transmission), or a network facility (such as ducts)   (OTO-CP) and Swisscom builds the feeder and
               for most of the life of the asset. IRU arrangements   backhaul network (CP-ODF), providing collocation.
               are often valid for about 25-30 years and are   The partners exchange IRUs to access each other’s
               normally non-renewable. As well as access to    infrastructure .
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               the main infrastructure, an IRU will usually also
               allow access to ancillary infrastructure, such
               as manholes and cabinets where duct access      2.7.2   Third-party outsourcing
               is provided, as well as colocation and access to
               splicing/junction nodes.                        Another alternative to network sharing is third-
                                                               party outsourcing, in which the sharing operators




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