ANACOM simplifies access to MEO ducts and poles for other operators

ANACOM approved a draft decision that encompasses a set of measures on access to the MEO ducts and poles by other operators, within the scope of the wholesale duct access offers (RDAO), and access to poles (RPAO). These measures encourage a faster and less burdensome installation of very high-capacity networks by the operators, facilitating the offer of retail services for the end users.

Among the matters included in this draft decision are the monitoring initiatives by MEO of the installations and interventions carried out by the beneficiaries, namely the maximum monthly limit and invoicing method when they involve working hours and non-working hours. Also defined was the maximum penalty payable by either of the parties to the other one for non-compliance. Furthermore, procedures were defined linked to the rectification of improper occupation of the infrastructures and use of cables not foreseen in the catalogue, and some penalties linked to these situations were adjusted. These measures aim to make these offers more balanced between MEO and the beneficiaries.

This draft decision also stipulates a significant change to the procedures relative to the customer drop installation of the beneficiaries, i.e. the installation of the final stretch of the operator’s network to the home of their final retail customer.

Therefore, ANACOM deemed that the customer drop installation of the RPAO beneficiaries should abide by the following rules:

  • The installation of the customer’s drop cable by the beneficiary (for which they must possess a valid RPAO accreditation), does not require any prior or later notification to MEO, so not requirement of this nature can be established.
  • MEO should eliminate from the RPAO the requirement to send the beneficiaries’ customer drop cable record. This amendment comes into effect on the publication date of the first version of the offer.
  • The penalties for improper access, improper occupation and failure to send records do not apply to the beneficiaries’ customer drop cables from the date the RPAO came into force.
  • The application of any monthly price for occupation of a customer drop cable fixed to a MEO pole and an installation price for the customer drop cable fixed to the MEO post should be eliminated from the RPAO. This amendment comes into effect on the publication date of the first version of the offer.

These measures will improve competition in the market, namely by enabling faster and more flexible installation of the networks, and consequently they will facilitate the offer of high-capacity broadband services to the end users. Specifically, these are amendments to the MEO RDAO and RPAO, which have been essential instruments to promote sustained competition in the electronic communication services markets, and especially the promotion of investment in high-speed networks by other operators.

This draft decision by ANACOM will now be submitted to consultation by the European Commission, BEREC and the National Regulatory Authorities of the other Member States.