IE
S.I. No. 334/2011 - European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011.
Table of Provisions (25)
Statutory Text (25 Articles)
1. Lead time for responding to requests for supply of services and facilities; service level agreements, fault resolution, procedures to return to a normal level of service and quality of service parameters.
2. Standard contract terms, including, where appropriate, compensation provided for failure to meet lead times.
3. Prices or pricing formulae for each feature, function and facility listed above.
GIVEN under my Official Seal,
1 July 2011.
PAT RABBITTE,
Minister for Communications, Energy and Natural Resources.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of these Regulations is to give effect to Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to and interconnection of electronic communications networks and associated facilities (Access Directive), and the amendments to that Directive as introduced by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009.
As well as transposing the amendments made by Directive 2009/140/EC, these Regulations consolidate the provisions of the existing Statutory Instruments transposing the Access Directive, namely, the “European Communities (Electronic Communications Networks and Services) (Access) Regulations 2003 (
S.I. No. 305 of 2003
)” and the “European Communities (Electronic Communications Networks and Services) (Access) (Amendment) Regulations 2007 (
S.I. No. 373 of 2007
)”, which have been revoked by these Regulations.
These Regulations establish a regulatory framework for the relationships among suppliers of networks and services that will result in sustainable competition, interoperability of electronic communications services and consumer benefits.
1 OJ L 108, 24.4.2002, p. 7
2 OJ L 337, 18.12.2009, p. 37
4. Security issues: measures put in place by notified operators to ensure the security of their locations.
5. Access conditions for staff of competitive operators.
6. Safety standards.
7. Rules for the allocation of space where co-location space is limited.
8. Conditions for beneficiaries to inspect the locations at which physical co-location is available, or sites where co-location has been refused on grounds of lack of capacity.
C.
Information systems
Conditions for access to notified operator’s operational support systems, information systems or databases for ordering and billing, maintenance and repair requests, pre-ordering and provisioning.
D.
Supply conditions
9. (1) The Regulator may in accordance with Regulation 8 impose on an operator obligations to ensure transparency in relation to access or interconnection requiring such operator to make public specified information such as accounting information, technical specifications, network characteristics, prices, and terms and conditions for supply and use, including any conditions limiting access to or use of services and applications where such conditions are permitted by law.
(2) The Regulator may, in particular where obligations under Regulation 10 are imposed on an operator, require such operator to publish a reference offer that is sufficiently unbundled to ensure that undertakings are not required to pay for facilities which are not necessary for the service requested and such offer shall include—
(
a
) a description of the relevant offerings broken down into components according to market needs, and
(
b
) a description of the associated terms and conditions including prices.
(3) The Regulator may issue directions requiring an operator to which this Regulation applies to make changes to a reference offer to give effect to obligations imposed under these Regulations and to publish the reference offer with such changes.
(4) The Regulator may specify in an obligation referred to in paragraph (1) or (2) or in a direction referred to in paragraph (3) the precise information to be made available, the level of detail required and the manner of publication.
(5) Notwithstanding paragraph (4) where an operator has obligations under Regulation 12 concerning wholesale network infrastructure access, the Regulator shall require such operator to publish a reference offer containing at least the elements set out in the Schedule to these Regulations.
(6) An operator that fails to comply with—
(
a
) an obligation imposed under paragraph (1),
(
b
) a requirement imposed under paragraph (2) or (5), or
(
c
) a direction issued under paragraph (3),
commits an offence.
(7) In proceedings for an offence under paragraph (6) it is a defence to establish that—
(
a
) reasonable steps were taken to comply with the relevant obligation, requirement or direction, or
(
b
) it was not possible to comply with the relevant obligation, requirement or direction.
Non-discrimination
10. (1) The Regulator may in accordance with Regulation 8 impose on an operator obligations of non-discrimination in relation to access or interconnection.
(2) Any obligations referred to in paragraph (1) shall ensure, in particular, that the operator—
(
a
) applies equivalent conditions in equivalent circumstances to other undertakings providing equivalent services, and
(
b
) provides services and information to others under the same conditions and of the same quality as the operator provides for its own services or those of its subsidiaries or partners.
(3) An operator that fails to comply with an obligation imposed under paragraph (1) commits an offence.
(4) In proceedings for an offence under paragraph (3) it is a defence to establish that—
(
a
) reasonable steps were taken to comply with the relevant obligation, or
(
b
) it was not possible to comply with the relevant obligation.
Accounting separation
11. (1) The Regulator may in accordance with Regulation 8 impose on an operator obligations for accounting separation in relation to specified activities related to access or interconnection.
(2) Without prejudice to the generality of paragraph (1), the Regulator may require an operator which is vertically integrated to make transparent its wholesale prices and its internal transfer prices, among other things, to ensure compliance with any obligation imposed under Regulation 10 or, where necessary, to prevent unfair cross-subsidy.
(3) For the purpose of paragraphs (1) and (2) the Regulator may specify the format and accounting methodology to be used.
(4) A requirement upon an undertaking under Regulation 10 of the Framework Regulations may, in order to facilitate the verification of compliance by an operator with any obligations of transparency under Regulation 9 and non-discrimination under Regulation 10, include a requirement that accounting records, including data on revenues received from third parties, are provided by any such operator to the Regulator on request.
(5) Subject to the protection of the confidentiality of any information which the Regulator considers confidential, the Regulator may publish any information obtained by it under paragraph (4) to the extent that the Regulator considers that such information would contribute to an open and competitive market.
(6) An operator that fails to comply with—
(
a
) an obligation imposed under paragraph (1), or
(
b
) a requirement imposed under paragraph (2),
commits an offence.
(7) In proceedings for an offence under paragraph (6) it is a defence to establish that—
(
a
) reasonable steps were taken to comply with the relevant obligation or requirement, or
(
b
) it was not possible to comply with the relevant obligation or requirement.
Obligations of access to, and use of, specific network facilities
12. (1) The Regulator may in accordance with Regulation 8 impose on an operator obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities in situations where the Regulator considers that the denial of such access or the imposition by operators of unreasonable terms and conditions having a similar effect—
(
a
) would hinder the emergence of a sustainable competitive market at the retail level,
(
b
) would not be in the interests of end-users, or
(
c
) would otherwise hinder the achievement of the objectives set out in section 12 of the Act of 2002 and Regulation 16 of the Framework Regulations.
(2) Without prejudice to the generality of paragraph (1), among other things the Regulator may require an operator—
(
a
) to give third parties access to specified network elements or facilities, including access to network elements which are not active or unbundled access to the local loop, to allow carrier selection or pre-selection or subscriber line resale offers,
(
b
) to negotiate in good faith with undertakings requesting access,
(
c
) not to withdraw access to facilities already granted,
(
d
) to provide specified services on a wholesale basis for resale by third parties,
(
e
) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services,
(
f
) to provide co-location or other forms of associated facilities sharing,
(
g
) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks,
(
h
) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services,
(
i
) to interconnect networks or network facilities, or
(
j
) to provide access to associated services such as identity, location and presence service.
(3) The Regulator may attach to obligations imposed under paragraphs (1) and (2) conditions covering fairness, reasonableness and timeliness.
(4) When considering the obligations referred to in paragraphs (1) and (2) and, in particular, when assessing how such obligations would be imposed proportionate to the objectives set out in section 12 of the Act of 2002 and Regulation 16 of the Framework Regulations, the Regulator shall take into account in particular the following factors—
(
a
) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of access or interconnection involved, including the viability of other upstream access products such as access to ducts,
(
b
) the feasibility of providing the access proposed in relation to the capacity available,
(
c
) the initial investment by the facility owner taking account of any public investment made and the risks involved in making the investment,
(
d
) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure based competition,
(
e
) where appropriate, any relevant intellectual property rights, and
(
f
) the provision of pan-European services.
(5) When imposing obligations on an operator to provide access in accordance with this Regulation, the Regulator may lay down technical or operational conditions to be met by the provider or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications as set down in Regulation 28 of the Framework Regulations.
(6) An operator that fails to comply with—
(
a
) an obligation imposed under paragraph (1),
(
b
) a requirement imposed under paragraph (2), or
(
c
) a condition attached to an obligation under paragraph (3),
commits an offence.
(7) In proceedings for an offence under paragraph (6) it is a defence to establish that—
(
a
) reasonable steps were taken to comply with the relevant obligation, requirement or condition, or
(
b
) it was not possible to comply with the relevant obligation, requirement or condition.
Price control and cost accounting obligations
13. (1) The Regulator may in accordance with Regulation 8 impose on an operator obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of access or interconnection in situations where a market analysis indicates that a lack of effective competition means that the operator concerned may sustain prices at an excessively high level or may apply a price squeeze to the detriment of end-users.
(2) To encourage investments by the operator, including in next generation networks, the Regulator shall, when considering the imposition of obligations under paragraph (1), take into account the investment made by the operator which the Regulator considers relevant and allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks involved specific to a particular new investment network project.
(3) The Regulator shall ensure that any cost recovery mechanism or pricing methodology that it imposes under this Regulation serves to promote efficiency and sustainable competition and maximise consumer benefits. In this regard, the Regulator may also take account of prices available in comparable competitive markets.
(4) Where an operator has an obligation under this Regulation regarding the cost orientation of its prices, the burden of proof that charges are derived from costs, including a reasonable rate of return on investment shall lie with the operator concerned. For the purpose of calculating the cost of efficient provision of services, the Regulator may use cost accounting methods independent of those used by the operator. The Regulator may issue directions requiring an operator to provide full justification for its prices and may, where appropriate, require prices to be adjusted.
(5) The Regulator shall ensure that, where implementation of a cost accounting system is imposed under this Regulation in order to support price controls, a description of the cost accounting system is made publicly available showing at least the main categories under which costs are grouped and the rules used for the allocation of costs. Compliance with the cost accounting system shall, at the choice of the Regulator, be verified by the Regulator or by a suitably qualified independent body.
(6) The Regulator shall cause to be published annually a statement concerning compliance with any cost accounting system imposed under this Regulation.
(7) An operator that fails to comply with—
(
a
) an obligation imposed under paragraph (1), or
(
b
) a direction issued under paragraph (4),
commits an offence.
(8) In proceedings for an offence under paragraph (7) it is a defence to establish that—
(
a
) reasonable steps were taken to comply with the relevant obligation or direction, or
(
b
) it was not possible to comply with the relevant obligation or direction.
Functional separation
14. (1) Where the Regulator concludes—
(
a
) that the appropriate obligations imposed under Regulations 9 to 13 have failed to achieve effective competition, and
(
b
) that there are important and persisting competition problems or market failures identified in relation to the wholesale provision of certain access product markets,
it may as an exceptional measure, in accordance with Regulation 8(5), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.
(2) The independently operating business entity referred to in paragraph (1) shall supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.
(3) Where the Regulator intends to impose an obligation for functional separation under this Regulation, it shall submit a proposal to the European Commission that includes—
(
a
) evidence justifying the conclusions of the Regulator as referred to in paragraph (1),
(
b
) a reasoned assessment that there is no or little prospect of effective and sustainable infrastructure-based competition within a reasonable timeframe,
(
c
) an analysis of the expected impact—
(i) on the Regulator,
(ii) on the undertaking concerned, in particular on the workforce of the separated undertaking,
(iii) on the electronic communications sector as a whole,
(iv) on incentives to invest in a sector as a whole particularly with regard to the need to ensure social and territorial cohesion, and
(v) on other stakeholders including, in particular, the expected impact on competition and any potential consequential effects on consumers,
and
(
d
) an analysis of the reasons justifying that this obligation would be the most efficient means to enforce remedies aimed at addressing the competition problems or market failures identified.
(4) The draft measure shall include the following elements—
(
a
) the precise nature and level of separation specifying, in particular, the legal status of the separate business entity,
(
b
) an identification of the assets of the separate business entity and the products or services to be supplied by that entity,
(
c
) the governance arrangements to ensure the independence of the staff employed by the separate business entity and the corresponding incentive structure,
(
d
) rules for ensuring compliance with the obligations,
(
e
) rules for ensuring transparency of operational procedures, in particular, towards other stakeholders, and
(
f
) a monitoring programme to ensure compliance, including the publication of an annual report.
(5) Following the European Commission’s decision on the draft measure taken in accordance with Article 8(3) of the Access Directive, the Regulator shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Regulation 27 of the Framework Regulations. On the basis of its assessment, the Regulator shall impose, maintain, amend or withdraw obligations in accordance with Regulations 12 and 13 of the Framework Regulations.
(6) Where the Regulator has imposed an obligation under paragraph (1) on an undertaking, it may also impose on the undertaking any of the obligations identified in Regulations 9 to 13 in any specific market where the undertaking has been designated as having significant market power in accordance with Regulation 27 of the Framework Regulations, or any other obligations authorised by the European Commission under Article 8(3) of the Access Directive.
(7) An undertaking that fails to comply with an obligation imposed under paragraph (1) commits an offence.
(8) In proceedings for an offence under paragraph (7) it is a defence to establish that—
(
a
) reasonable steps were taken to comply with the obligation, or
(
b
) it was not possible to comply with the obligation.
Voluntary separation by a vertically integrated undertaking
15. (1) Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with Regulation 27 of the Framework Regulations shall notify the Regulator when they intend to transfer their local access network assets or a substantial part thereof to a separate legal entity under different ownership, or to establish a separate business entity in order to provide to all retail providers, including its own retail divisions, fully equivalent access products. Undertakings shall also notify the Regulator of any change of that intent as well as the final outcome of the process of separation. A notification under this paragraph shall be given in advance and in a timely manner in order to allow the Regulator to assess the effect of the intended transaction.
(2) The Regulator shall assess the effect of the intended transaction on existing regulatory obligations under the Framework Regulations. For that purpose, the Regulator shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Regulation 27 of the Framework Regulations. On the basis of its assessment, the Regulator shall impose, maintain, amend or withdraw obligations in accordance with Regulations 12 and 13 of the Framework Regulations.
(3) The Regulator may impose on the legally or operationally separate business entity any of the obligations identified in Regulations 9 to 13 in any specific market where it has been designated as having significant market power in accordance with Regulation 27 of the Framework Regulations, or any other obligations authorised by the European Commission under Article 8(3) of the Access Directive.
(4) An undertaking that fails to comply with the requirements of paragraph (1) commits an offence.
(5) In proceedings for an offence under paragraph (4) it is a defence to establish that—
(
a
) reasonable steps were taken to comply with the relevant requirement, or
(
b
) it was not possible to comply with the relevant requirement.
Publication of notice of obligations and access to information
16. (1) The Regulator shall cause to be published on its website notice of the imposition of the obligations imposed under these Regulations. Such notice shall include information on where copies of a statement of the obligations imposed can be obtained.
(2) Where the Regulator amends or revokes an obligation imposed under these Regulations, it shall publish a notice referred to in paragraph (1).
(3) The notice referred to in paragraph (1) shall identify the specific product, service and geographical markets in respect of which the obligations are imposed.
(4) The Regulator shall ensure that the information published under paragraph (1) is up to date and, provided that the information is not in the opinion of the Regulator confidential and in particular does not, in its opinion, comprise business secrets, is made publicly available in a manner that guarantees all interested parties easy access to that information.
(5) The Regulator shall send to the European Commission a copy of any information published in accordance with this Regulation.
Notification
17. (1) The Regulator shall notify the European Commission of the names of operators deemed to have significant market power for the purpose of these Regulations and the obligations imposed upon them under these Regulations.
(2) The Regulator shall notify the European Commission of any changes affecting the obligations imposed upon operators referred to in paragraph (1) by or under these Regulations and of any changes to such operators affected as soon as practicable after any such change.
Directions
18. The Regulator may, for the purpose of further specifying requirements to be complied with relating to an obligation imposed by or under these Regulations, issue directions to an operator or undertaking to do or refrain from doing anything which the Regulator specifies in the direction.
Enforcement — compliance with obligations
19. (1) Where the Regulator finds that an operator or undertaking has not complied with an obligation, requirement, condition or direction under these Regulations, the Regulator shall notify the operator or undertaking of those findings and give the operator or undertaking an opportunity to state its views or, if the non-compliance can be remedied, to remedy the non-compliance within a reasonable time limit as specified by the Regulator.
(2) The Regulator may publish, in such manner as it thinks fit, any notification given by it under this Regulation subject to the protection of the confidentiality of any information which the Regulator considers confidential.
(3) The Regulator may amend or revoke any notification under this Regulation.
(4) Where, at the end of the period specified by the Regulator under paragraph (1), the Regulator is of the opinion that the operator or undertaking concerned has not complied with the obligation, requirement, condition or direction, the Regulator may, whether or not the non-compliance is continuing, subject to paragraph (9), apply to the High Court for such order as the Regulator considers appropriate including—
(
a
) a declaration of non-compliance,
(
b
) an order directing compliance with the obligation, requirement, condition or direction,
(
c
) an order directing the remedy of any non-compliance with the obligation, requirement, condition or direction, or
(
d
) an order as provided for in paragraph (8).
(5) The High Court may, on the hearing of the application referred to in paragraph (4), make such order as it thinks fit which may include—
(
a
) a declaration of non-compliance,
(
b
) an order directing compliance with the obligation, requirement, condition or direction,
(
c
) an order directing the remedy of any non-compliance with the obligation, requirement, condition or direction, or
(
d
) an order as provided for in paragraph (8),
or refuse the application.
An order of the High Court compelling compliance may stipulate that the obligation, requirement, condition or direction must be complied with immediately or may specify a reasonable time limit for compliance and may also stipulate appropriate and proportionate measures aimed at ensuring compliance.
(6) The High Court when dealing with an application under paragraph (4) may make such interim or interlocutory order as it considers appropriate.
(7) The High Court shall not deny interim or interlocutory relief, referred to in paragraph (6), solely on the basis that the Regulator may not suffer any damage if such relief were not granted pending conclusion of the action.
(8)(
a
) An application for an order under paragraph (4) may be for, or include an application for, an order to pay to the Regulator such amount, by way of financial penalty, which may include penalties having effect for periods of non-compliance with the obligation, requirement, condition or direction, as the Regulator may propose as appropriate in the light of the non-compliance or any continuing non-compliance. Such an application for an order in respect of a financial penalty for a period of non-compliance may be made even if there since has been compliance with the obligation, requirement, condition or direction.
(
b
) In deciding on such an application, the High Court shall decide the amount, if any, of the financial penalty which should be payable and shall not be bound by the amount proposed by the Regulator.
(
c
) Any financial penalty ordered by the High Court to be paid by an operator or undertaking under this paragraph shall be paid to and retained by the Regulator as income.
(
d
) In deciding what amount, if any, should be payable, the High Court shall consider the circumstances of the non-compliance, including—
(i) its duration,
(ii) the effect on consumers, users and other operators,
(iii) the submissions of the Regulator on the appropriate amount, and
(iv) any excuse or explanation for the non-compliance.
(9) Where the Regulator has brought proceedings for an offence under these Regulations or given a notice under section 44 of the Act of 2002 in respect of an alleged offence under these Regulations, the Regulator shall not make an application for an order under this Regulation to the High Court to compel compliance by the undertaking with the obligation, requirement, condition or direction to which the proceedings or notice relates.
Service of directions and notifications
20. (1) Where the Regulator issues a direction or notification under these Regulations, it shall be in writing, state the reasons on which it is based and be addressed to the operator or undertaking concerned and, as soon as practicable, be sent or given in any of the following ways—
(
a
) by delivering it to the operator or undertaking,
(
b
) by leaving it at the address at which the operator or undertaking ordinarily carries on business,
(
c
) by sending it by pre-paid registered post addressed to the undertaking at the address at which the undertaking ordinarily carries on business,
(
d
) if an address for the service of, directions or notifications has been furnished by the undertaking to the Regulator, by leaving it at, or sending it by pre-paid registered post to, that address, or
(
e
) in any case where the Regulator considers that the immediate giving of the direction or notification is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the undertaking ordinarily carries on business or, if an address for the service of notices has been furnished by the undertaking, that address, but only if—
(i) the senders facsimile machine generates a message confirming successful delivery of the total number of pages of the direction or notification, or
(ii) the recipients facility for the reception of electronic mail generates a message confirming receipt of the electronic mail,
and it is also given in one of the other ways mentioned in subparagraphs (
a
) to (
d
).
(2) In paragraph (1), a company within the meaning of the Companies Acts is deemed to be ordinarily resident at its registered office and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.
Prosecution of offences
21. (1) If—
(
a
) the Regulator has made an application under Regulation 19 to the High Court to secure an operator or undertaking’s compliance with an obligation, requirement, condition or direction imposed by or under these Regulations, and
(
b
) a provision of these Regulations makes it an offence to fail to comply with the obligation, requirement, condition or direction,
the Regulator may not bring proceedings against the undertaking for such an offence or give notice under section 44 of the Act of 2002 for failure to comply with the obligation, requirement, condition or direction.
(2) An offence under these Regulations is an offence to which section 44 of the Act of 2002 applies.
Offences by bodies corporate
22. (1) If—
(
a
) an offence under these Regulations is committed by a body corporate, and
(
b
) the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person who is a director, manager, secretary or other similar officer of the body, or is a person who was purporting to act is any such capacity,
that person as well as the body corporate commits an offence and is liable to be proceeded against and punished as if that person had committed the first-mentioned offence.
(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and omissions of a member of the body in connection with the member’s functions of management as if the member were a director or manager of it.
(3) A person may be proceeded against for an offence under paragraph (1) whether or not the body corporate has been proceeded against or been convicted of the offence committed by the body.
Penalties
23. (1) An operator or undertaking that commits an offence under these Regulations (other than under Regulation 9(6), 10(3), 11(6), 12(6), 13(7) or 14(7)) is liable on summary conviction to a class A fine.
(2) An operator or undertaking that commits an offence under Regulation 9(6), 10(3), 11(6), 12(6), 13(7) or 14(7) is liable, on summary conviction, to a class A fine or, on conviction on indictment—
(
a
) in the case of a body corporate, to a fine not exceeding €500,000, or
(
b
) in the case of a natural person, to a fine not exceeding €50,000.
Transitional arrangements
24. (1) A measure that was in force under the Regulations of 2003 immediately before the coming into operation of these Regulations shall continue in force as if it was made under these Regulations.
(2) For the purpose of this Regulation, “measure” means a decision, designation, determination, direction, notice, notification (other than a notification under Regulation 18(1) of the Regulations of 2003), requirement, specification or other act of an equivalent effect made by the Regulator.
(3) Notwithstanding the revocation of the Regulations of 2003, notifications by the Regulator on a person under Regulation 18(1) of those Regulations—
(
a
) continue in force, and
(
b
) may continue to be issued, revoked or amended,
as if the Regulations of 2003 had not been revoked.
Revocations
25. The following Regulations are revoked
(
a
) the Regulations of 2003; and
(
b
) the European Communities (Electronic Communications Networks and Services) (Access) (Amendment) Regulations 2007 (
S.I. No. 373 of 2007
).
SCHEDULE
Regulation 9
MINIMUM LIST OF ITEMS TO BE INCLUDED IN A REFERENCE OFFER FOR WHOLESALE NETWORK INFRASTRUCTURE ACCESS, INCLUDING SHARED OR FULLY UNBUNDLED ACCESS TO THE LOCAL LOOP AT A FIXED LOCATION TO BE PUBLISHED BY NOTIFIED OPERATORS WITH SIGNIFICANT MARKET POWER
Definitions
In this Schedule—
“local sub-loop” means a partial local loop connecting the network termination point to a concentration point or a specified intermediate access point in the fixed public electronic communications network;
“unbundled access to the local loop” means full unbundled access to the local loop and shared access to the local loop; it does not entail a change in ownership of the local loop;
“full unbundled access to the local loop” means the provision to a beneficiary of access to the local loop or local sub-loop of the SMP operator allowing the use of the full capacity of the network infrastructure;
“shared access to the local loop” means the provision to a beneficiary of access to the local loop or local sub-loop of the SMP operator, allowing the use of a specified part of the capacity of the network infrastructure such as a part of the frequency or an equivalent;
“SMP” means significant market power.
A.
Conditions for unbundled access to the local loop