In a long-awaited decision, the Federal Network Agency has now determined: The regulatory framework that already applies to the fiber optic infrastructure of Telekom Deutschland also applies to the network operators Glasfasser Nordwest and Glasfasser Plus. Both companies are joint projects of Deutsche Telekom and the EWE or IfM Global Infrastructure Fund. The Network Agency has now ordered that both companies must make the “capacities available in their empty pipes” accessible to competitors.
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As in telecoms, access to free resources should be available through the Gigabit Land Register from the Infrastructure Atlas. The regulator emphasizes that there is also a “strict” obligation not to discriminate against those interested in access. Additional monitoring and transparency requirements secure this.
The network agency justifies its decisions by saying that it should be possible to “economically replicate Telekom’s end customer products” for those seeking access to the joint ventures’ expansion areas. As for Telekom, the Cologne Administrative Court recently confirmed the Federal Network Agency’s decision on open network access.
Competitors: too late and too little
In doing so, we “complete the regulatory framework in the fiber optic sector and create conditions for equal and transparent access for competitors.” The chairman of the Federal Network Agency stressedKlaus Müller. The decision, which was approved by the EU Commission, was preceded by “intensive discussions” with all stakeholders. The new requirements will initially apply for about two years.
“The regulatory authority took two years and made the market wait for a strong signal in favour of competition,” complains Friedrich Ufer of the VATM industry association, which represents the interests of telecom challengers. The orders are “extremely important”. More comprehensive regulation is also needed that “allows other network operators to compete on an equal footing with telecoms.” VATM has been calling for “better use of free empty pipe capacities” for years.
According to Ufer, there should also be a non-discrimination requirement under which the obliged company must “offer the same purchase terms and conditions” as it does for its own sales. Overall, the “light regulation” in the fiber optic sector that the network agency has been implementing for two years is proving to be “increasingly inadequate”.
(vbr)
