Draft Decision of the ICP-ANACOM determination on the “PT ADSL Network” (“REDE ADSL PT”) Wholesale Offer – Offer with ATM Aggregation –
The ICP-ANACOM Board of Directors,
(a) Considering the “PT ADSL Network” offer that PT Comunicações, S.A., communicated to ICP-ANACOM and to the interested operators and service providers (OSPs) on 21 July 2004;
(b) Considering the 6 April 2004 determination of the ICP-ANACOM Board of Directors 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 obey the principles of cost-orientation, non-discrimination and transparency;
(f) Given 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 attached to the Probable Outcome of the ICP-ANACOM Determination on the “PT ADSL Network” wholesale offer – offer with ATM aggregation”;
(g) Taking into account the regulatory objectives envisaged 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, and to encourage efficient investment in infrastructures and promote innovation;
(h) Taking into account the “Study attached to the Probable Outcome of the ICP-ANACOM Determination on the “PT ADSL Network” wholesale offer – offer with ATM aggregation” and the grounds presented therein; and
in the scope of the powers envisaged in paragraphs b), e) and f) of article 6 of the Statutes, approved by Decree-Law no. 309/2001 of 7 December, and as per paragraph e) of section 2 of article 122 of Law no. 5/2004 and paragraphs b) and g) of article 9 of the Statutes, has determined that:
I. PT Comunicações is ordered to proceed to modify its “PT ADSL Network” offer within 10 days, in the following manner:
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, specifically 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 VPs per OSP and per DSLAM, except in DSLAMs where the number of VPs is limited to 32, in which two ATM VPs per OSP should be provided;
6 Make available for each VP the option whereby the OSP may configure bandwidth in asymmetric or symmetric mode;
7 Allow the OSPs to set the SCR and MBS parameters, within the following intervals:
(a) SCR: ¼ PCR, ½ PCR or PCR;
(b) MBS: 32, 100 or 210 cells;
8 Publish in the offer the current QoS parameters, specifically CTD and CDV for the CBR and VBR-rt categories and CLR for all available service categories;
9 Make available the NNI (Network to Network Interface) interface in the aggregated ATM access;
1 Allow zero-cost port reservation;
11 Extend the quality of service levels for repositioning and service availability defined for classes 6 to 9, for the already existing classes (0 to 5) and for the new class specified in point 3 of this determination;
12 Change to €9.50 per month the maximum price of local access with ATM aggregation, regardless of class;
13 Modify the price of aggregated ATM access between the PT Comunicações, S.A., network and the OSP network, considering:
(a) a leased line interconnection component, should the OSP be co-installed; or
(b) the leased lines price table, should the OSP not be co-installed.
II. The conditions of the offer take force on the day the offer is modified and communicated.
III. Submit to prior hearing of the interested parties the contents of this determination, as per articles 100 and 101 of the Code of Administrative Procedure, setting a maximum time limit of 10 working days for the same to respond.
IV. Analyse the non-compliance related to non-provision of the CBR service category, determined in point I.4 of the 6 April 2004 determination.
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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.