ANNEX II. Short form relating to notifications of draft measures pursuant to Article 7 of Directive 2002/21/EC (Framework Directive)

Transcription

1 ANNEX II Short form relating to notifications of draft measures pursuant to Article 7 of Directive 2002/21/EC (Framework Directive) (Short notification form) INTRODUCTION The short notification form specifies the summary information to be provided by national regulatory authorities to the Authority when notifying draft measures under the short notification procedure in accordance with Article 7 of Directive 2002/21/EC (Framework Directive). It is not necessary to provide a copy of the draft regulatory measure or to attach any other document to the short notification form. However, it is necessary to indicate the Internet reference through which the draft measure can be accessible in the short notification form. 1. One or several markets which has/have been removed from or have not been previously listed in the Recommendation on relevant markets is/are found to be competitive or not to meet the three criteria Please briefly describe the content of the notified draft measure. In particular, please refer to the relevant market concerned and the reasons why you consider that the market is effectively competitive or the three criteria are not met: Please indicate the Article 7 previously notified draft Does the NCA agree with the proposed draft measure as regards the analysis of the relevant market? If no, please outline reasons: draft measure: 2. One or several markets which was/were found to be competitive in a previous market review is/are still competitive: Please briefly describe the content of the draft measure, indicating the relevant market concerned: Please indicate the Article 7

2 previously notified draft Are there changes: to the market definition, as compared with previously notified draft measures? Does the NCA agree with the proposed draft measure as regards the analysis of the If yes, please describe briefly If no, please outline reasons: relevant market? draft measure: 3. Changes to technical details of a previously imposed regulatory remedy. Please summarize the notified changes to the remedies indicating the relevant market concerned: Suggestions of alterations in the primary reference offer (RUO): Alterations of terms used in the RUO o Lessor/lessee to service vendor/service buyer. o Telephone exchange to equipment area. o Facility lease to hosting service. o Line to local line. o Loop into line. Supplements and alterations of terms/text used in the RUO o New definitions VDSL: Very High Speed Digital Subscriber line. o VDSL2 added as a type of service. Supplements and alterations of terms/text used in the annex of the RUO o Text added concerning appendix A - List over street cabinets able to provide VDSL access. o Text added concerning appendix F Requirements to VDSL terminal equipment. o Text added concerning appendix G Adaptation of power density towards signal strength from station and street cabinet. o Text added to the terms of application that they shall be dated and electronic. Supplements and alterations of terms/text used in the annex 1a of the RUO o Text added A list over the street cabinets able to provide VDSL access and the price for the access. o Text added Access to a local line in to the

3 street cabinet with split/shared access. Supplements and alterations of terms/text used in the annex 2e of the RUO o A frequency plan for Míla s local line will be added to the annex 2e where there will be clarified what frequencies shall be used on the local line for various types of technologies and/or services, e.g. VDSL2. o Overview on what frequency each local line will be connected to a local line as well as the price for measurements if Míla believes it is necessary to charge for such measurements. o Addition of information about the maximum power that the service buyer may use on rented lines, in regards to the technology and/or service concerned. o Following references will therefore be added regarding the frequency planning: ITU-T G (06/2004): TRANSMISSION SYSTEMS AND MEDIA, DIGITAL SYSTEMS AND NETWORKS. Digital sections and digital line system networks. Very high speed digital subscriber line transceivers. ITU-T G (02/2006): TRANSMISSION SYSTEMS AND MEDIA, SYSTEMS AND NETWORKS. Digital sections and digital line system networks. Very high speed digital subscriber line transceivers 2 (VDSL2). ITU-T G (04/2009): TRANSMISSION SYSTEMS AND MEDIA, DIGITAL SYSTEMS AND NETWORKS. Digital section networks Physical layer management for digital subscriber line (DSL) transceivers. o Alteration of text The word ADSL will be changed into DSL o Addition of supporting documents F and G, in connection with VDSL terminal equipment and the location of the terminal equipment in the street cabinet. Please justify your conclusion that the measure The main changes involve the PTA s instructions to Míla to take up a frequency plan for the local loop, based on Art.

4 consists of a change on a technical detail of a remedy and does not change the nature or the general scope of a remedy: 64. of the Telecommunications Act vesting PTA with powers to take measures to prevent harmful interference. The purpose of this is to prevent harmful interference in the local loop in cases where local loops, with different types of services, are bundled close together and are thus vulnerable to interference from each other. The aim of these measures is to secure the quality, availability and continuity of internet services offered to customers over the fixed line access network. This problem arose few years ago when Síminn started to offer VDSL service, for example in apartment buildings, where a single duct may contain many local loops connecting the building. It was soon detected that this service, using a higher frequency and stronger signal, was creating a harmful interference to ADSL service offered (e.g. by Vodafone) to another customer in the same building. This problem can be avoided if Míla sets standards regarding the frequency plan in the local loop which every operator having access to the local loop must adhere to. These measures involve technical parameters on the strength and configuration of the signal and the position in the frequency band. These measures are in accordance to ITU recommendations and ETSI standards. The PTA thinks that incorporating the frequency plan into the RUO is in line with the current transparency obligation resting on Míla, to publish a reference offer for unbundled local loop (RUO), cf. PTA decision no. 26/2007 (market analysis and remedies on old Market 11), which shall inter alia stipulate technical specifications, which are required for the access. These changes were put in open consultation process in January/February At the same time Míla used the opportunity to amend and clarify the wording of some sentences and concepts appearing in the RUO, and making minor alterations to some specific conditions, as listed in the previous box. The proposed changes on the frequency plan did not receive any objections from other market players, but some comments were made regarding other proposed amendments by Míla. In the PTA s opinion these comments were not of any serious nature and, in any case, the PTA does not intend to accept all of the amendments proposed by Míla. twithstanding this, it is important to point out, that none of these proposed amendments constitute any material changes to the nature or scope of the current remedies that have an appreciable impact on the market, in accordance with item no 6(c) in ESA s recommendation on Article 7

5 Please indicate the Article 7 previously notified draft draft measure: procedures from 2 December The PTA thinks that it is important to incorporate these changes into Míla s RUO in order to grant the frequency plan it s formally binding effects upon operators and to fulfill the requirements of the transparency obligation resting on Míla. The extended duration of this process is regretful. It is thus even more important to conclude this process now and not letting it overlap with the foreseen consultation process on the changes of RUO in the second half of 2014 (following the review of M4-5) and create a confusion on what changes are then being proposed and what comments from the operators in the previous consultation process are still valid or not. If that happens the whole consultation process would be rendered meaningless and all the work done would be more or less wasted, something the PTA will not stand for. PTA decision no. 26/2007, (and the corresponding opinion of ESA in case : Event: ) on the designation of undertakings with significant market power and imposition of obligations in the market for wholesale unbundled access to copper local loops (Market 11), is the market analysis that the current and valid RUO is based on, e.g. PTA decision no. 1/2009, and no alterations have been made to the RUO since decision no. 1/2009 was taken, until now e.g. this short notification. PTA s decision no. 33/2013 of 20 th of December 2013: PFS/Ákv_PFS_nr _RUO.pdf 4. Imposition on further operators of remedies already analyzed and notified in relation to other undertakings that are similar as regards their customer base or total turnover in telecoms markets, without changing the principles applied by the NRA in the previous notification. Please briefly summarise the content of the draft measure, indicating the relevant market concerned: Please indicate the Article 7 previously notified draft Please list the operators on whom this draft measure imposes obligations: Does the NCA agree with the proposed draft measure as regards the analysis of the relevant market? If no, please outline reasons

6 draft measure: