Determination of ICP - ANACOM on the ''PT ADSL Network'' wholesale offer
- offer with atm aggregation -
The Board of Directors of ICP-ANACOM:
(a) Considering the “PT ADSL Network” offer notified by PT Comunicações, S.A., to ICP-ANACOM and to interested operators and service providers (OSPs) on 21 July 2004;
(b) Considering the determination of the Board of Directors of ICP-ANACOM of 6 April 2004 on the evolution of the “PT ADSL Network” wholesale offer;
(c) In view of the information and clarifications provided by PT Comunicações S.A.1https://www.anacom.pt/render.jsp?contentId=55129 and by PT PRIME - Soluções Empresariais de Telecomunicações e Sistemas, S.A.2https://www.anacom.pt/render.jsp?contentId=55130;
(d) In view of the information submitted by Novis Telecom, S.A.3https://www.anacom.pt/render.jsp?contentId=55131 and by OniTelecom - Infocomunicações, S.A.4https://www.anacom.pt/render.jsp?contentId=55132;
(e) Whereas the “PT ADSL Network” offer should comply with the principles of cost-orientation, non-discrimination and transparency;
(f) Having regard to the fact that the “PT ADSL Network” offer does not fully comply with some of the above mentioned principles, specifically that of cost-orientation, as mentioned in the “Study in annex to the Draft Decision of ICP-ANACOM on the “PT ADSL Network” wholesale offer – offer with ATM aggregation”;
(g) Taking into account the regulatory objectives provided for in article 5 of Law no. 5/2004 of 10 February, namely to promote competition in the offer of electronic communications networks and services, to ensure that users obtain maximum benefits in terms of choice, price and quality, to encourage efficient investment in infrastructures and to promote innovation;
(h) Considering that, by determination of 26 August 2004, it decided to grant a prior hearing to interested entities as regards the draft decision it wished to adopt, the observations received, the assessment thereof and grounds for the determination being comprised in the “Report of the prior hearing granted to interested entities regarding the draft decision on the “PT ADSL Network” wholesale offer – offer with ATM aggregation”, which is an integral part of the present determination; and
in the scope of the powers provided for in points b), e) and f) of article 6 of the Statutes, approved by Decree-Law no. 309/2001 of 7 December, and pursuant to point e) of paragraph 2 of article 122 of Law no. 5/2004 and points b) and g) of article 9 of the Statutes, hereby determines the following:
I. That within 10 days, PT Comunicações S.A. shall amend the “PT ADSL Network” offer, as follows:
1. The coverage for ATM aggregation should henceforward equal the coverage for IP aggregation; any non-compliance with the deadlines specified in point 5 of the offer may only be justified by exceptional technical limitations duly grounded on a casuistic basis.
2. Make available the VBR-rt service category, namely defining the prices and parameters of associated services.
3. Offer at least one local access class with speed equal to or higher than 2 Mbps downstream, specifically a class with 2 Mbps downstream and 512 Kbps upstream.
4. Make the STM-1 interface additionally available in access at regional ATM level;
5. Make available four ATM VP per OSP and per DSLAM, except in DSLAM where the number of VPs is limited to 32, in which two ATM VP per OSP should be provided.
6. Make available, for each VP, more that one VC, where requested by OSPs and provided that this is technically feasible.
7. Make available, for each VP, the option whereby the OSP may configure bandwidth in asymmetric or symmetric mode.
8. Allow the OSPs to set the SCR and MBS parameters, within the following intervals:
(a) SCR: 1/5 PCR, 1/2 PCR or PCR;
(b) MBS: 32, 100 or 210 cells;
9. Publish in the offer the current QoS parameters, specifically those concerning CTD and CDV for the CBR and VBR-rt categories and that concerning CLR for all available service categories.
10. Make available the NNI (Network to Network Interface) interface in the aggregated ATM access.
11. Allow port reservation up to a maximum price of €0.80 per port and per month.
12. Extend the quality of service levels for repositioning and service availability defined for classes 6 to 9, for the classes that already exist (0 to 5) and for the new class specified in point 3 of this determination.
13. Change to €9.50 per month the maximum price of local access with ATM aggregation, regardless of the class.
14. Modify the price of aggregated ATM access between the PT Comunicações, S.A., network and the OSP network, considering:
(a) a component of leased line interconnection, in case the OSP is co-installed; or
(b) the leased lines tariff price, in case the OSP is not co-installed.
15. Define compensation for non-compliance with the service levels provided for in the offer.
II. That the offer conditions enter into force on the day the offer is amended and notified.
III. To submit to the prior hearing of the interested parties the following, pursuant to articles 100 and 101 of the Code of Administrative Procedure, setting a maximum time limit of 10 working days for such parties to assess this issue:
1. Within 10 days, PT Comunicações, S.A, shall amend the “PT ADSL Network” offer, defining a simple and swift process of client migration between the offers with IP and ATM aggregation (including migration between different ISPs), ensuring that the service to the final client is not interrupted and that there are tendentiously no costs involved.
2. Within 10 days PT Comunicações, S.A, shall amend in the “PT ADSL Network” offer, - aggregated ATM access, the maximum price per month of a VP of 1 Mbps to € 145 at regional level and to € 181 at national level. This price is defined for the CBR service category and the price for the remaining service categories shall be less than this maximum price.
3. The prices established in the final determination regarding the amendment provided for in the preceding paragraph shall enter into force on the date specified in point II of the determination.
IV. To analyse in the appropriate framework the non-compliance concerning the lack of offer of the CBR service category, provided for in point I.4 of the determination of 6 April 2004.
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1 Letters of 12.05.2004, 09.06.2004 and 13.07.2004.
2 Letter of 14.07.2004.
3 Letter of 19.07.2004.
4 Letters of 24.05.2004, 14.07.2004 and 10.08.2004.
