Preliminary general position already set out by ICP-ANACOM

ICP-ANACOM has already set out its position, albeit on a preliminarily basis, on various of the issues raised by the beneficiaries of the RUO and identified above.

Accordingly:

(a) In the analysis of markets 4 and 5 ¹, with respect to the obligation of transparency, it was argued that ''with the roll out of attendance points and the relocation of accesses from primary attendance points to secondary attendance points, the provision of detailed and timely information on changes in the access network becomes crucially important and is essential so that OSPs are able to assess their impact and evaluate different investment options. Therefore, it is considered that PTC should provide OSPs with detailed and timely information on changes to the access network prior to the implementation of alterations which may affect existing conditions with respect to the investment decisions of the OSPs. In this case, it is important, also taking into account the obligation of non-discrimination, that Grupo PT inform the beneficiaries of the LLU with reasonable advance notice as to (i) the date on which it plans to install a new attendance point so that the co-location requirements (firm requests) of LLU beneficiaries may be taken into account, as far as possible, in the design of the attendance point, (ii) whether or not there is space in the duct between the primary and secondary attendance points, and (iii) the loops to be relocated''.

(b) In the report of the public consultation on the regulatory approach to Next Generation Access Networks, it was argued that:

a. ICP-ANACOM shares the ''concerns of the various entities in regard to what they consider to be an evident lack of symmetry, transparency, currency and accuracy in the information made available by PTC on (the records of) the access network, as well as the process of "remote enabling of exchanges" and relocation of loops and on the plans for the development of the network'';

b. ''PT should send to the RUO beneficiary operators, with reasonable notice, information which is relevant to the assessment of economic viability, such as the location of the AP or street cabinet, the number of loops to be relocated and their numbering and area of coverage. Where these operators express a firm intention to move towards a similar solution, PT must take the interest expressed into account'';

c. In the case of relocation of loops, the following could be ''set out as a simple rule, to be considered in any future determination of ICP-ANACOM on the RUO:

''Advance notice given by PTC with a minimum period of:

• 12 months where the number of active loops to be relocated is less than 1/3 (33%) of the total active loops in the MDF;
  
  
• 36 months where the number of active loops to be relocated is more than 1/3 (33%) or where the MDF itself is to be deactivated''.''.

d. ''In the event that PT, in pursuit of its network development plans, considers it necessary to make effective changes which impact the architecture of the access network (in copper), […] PT shall, in addition to 'due prior notice', with a notice period which is proportional to the impact and which can be up to three years, be required to reach agreement - essential in the case of MDF decommissioning - with beneficiary operators on the planning and technical conditions in the event that it is necessary to relocate equipment (already) co-located in the exchanges and on any migration of accesses/customers'', whereby ''it is desirable that the conditions for MDF decommissioning and the migration of co-located beneficiary equipment be agreed upon by the industry, without prejudice to the intervention of this Authority, in the event that the parties fail to reach such an agreement''.

e. ''ICP-ANACOM […] will review the model governing the provision of information in respect of the wholesale reference offers, including demand forecast plans. However, it should be pointed out from the outset that demand forecast plans make sense at an early stage of the offer as they enable the regulated operator to scale its resources, allowing it to adapt its offer to meet demand and satisfy, within the established deadlines, the requests that occur. However, in a phase where conditions have stabilised or where there are no significant fluctuations in demand, the requirement to submit these plans could be reassessed''.

f. Provision should be made to "advance with alterations to the RUO, especially in terms of:

• provision of additional information at the level of coverage, number and locations of the (access) points of the PT network, especially in the context of FTTCab type solutions;
  
  
• definition of procedures to be followed in case of profound changes at the level of the network structure (which should have a reasonable period of notice);
  
  
• possible differentiation and specification of technical conditions depending on geography, i.e., according to the geographic segmentation arising from market analyses (e.g., different conditions at the level of co-location and backhaul ²);
  
  
• putting the unbundling of the sub-local loop into operation (processes, co- location, connection to the street cabinets - backhaul, among others), implementation of procedures and quality of service requirements, through SLAs, in the event that PT develops FTTCab type solutions on a wide scale and provided that there are operators which are clearly interested in this kind of wholesale product;
  
  
• definition of procedures for the migration of current wholesale products to any future NGA products, such as the unbundling of the local sub-loop or of the bitstream type;
  
  
• definition of the process and effective migration of the end-customers of the operators which choose or which have to migrate to a new wholesale product or location (e.g. in case of the decommissioning of an MDF), seeking always trying to minimize the impact of network alterations on active services, i.e., with minimal disruption to service".

• Prior hearing and consultation of interested parties on the draft determination https://www.anacom.pt/render.jsp?categoryId=336049