The market analysis decision M 1.5/15-115 dated July 24, 2017 found A1 Telekom Austria AG having significant market power on the wholesale local access market. In order to remedy the competition problems identified, A1 Telekom Austria AG was simultaneously ordered to grant access to unbundled loops and sub-loops as well as ancillary services (e.g. collocation). A1 Telekom Austria AG is also subject to obligations not to discriminate, to base its charges on the cost of efficient service provision ("FL-LRAIC") with a maximum amount of 8.16 €/month for using an unbundled loop (copper loop as well as hybrid fibre/copper loop). A charge of 6.31 €/month applies when using an unbundled sub-loop "C1" (between subscriber's network termination point and the street cabinet). An unbundled sub-loop "C2" (between subscriber's network termination point and the house distribution frame) can be used at no charge; however, fault repair and maintenance cost have to be covered by the wohlesale partner. At the same time, A1 Telekom Austria AG has to ensure that the unbundled loop's monthly line rental does not cause a margin squeeze (unbundling partner's margin falling below a minimum gap between wholesale and retail charge). In addition, A1 Telekom Austria AG is obliged to use separated accounts and to publish a reference offer with regard to the wholesale services.
As a consequence of changes in the competitive landscape by the incumbent's NGA rollout, the decision provides for further obligations of A1 Telekom Austria AG regarding conditions for the use of the transmission system VDSL-2 within the access network (including the "vectoring" system extension) and the provision of services in the context of "virtual unbundling".
In addition, A1 Telekom Austria AG has to publish and regularly update reference offers for unbundling and virtual unbundling on its website within eight weeks from entry-into-force of the market analysis decision regarding the services listed under point A. of this decision. A1 Telekom Austria AG has to inform all unbundling partners and virtual unbundling partners as well as the Telekom-Control-Kommission (email@example.com) by email of substantial modifications of these reference offers at the latest simultaneously with publication.
The content of the Reference Unbundling Offer ("RUO", see https://cdn11.a1.net/m/resources/media/pdf/RUO-2017.pdf) largely corresponds to a series of dispute settlement decisions dated April 20, 2009 (see http://www.rtr.at/de/tk/ULL2009) but has been completed by further stipulations with regard to NGA buildout in Annex 9. In addition to a main section with general contractual provisions, the offer contains annexes with provisions on the use of transmission systems on unbundled local loops and sub-loops (Annex 2), ordering, provisioning and cancellation procedures for unbundled local loops and sub-loops (Annex 4), sub-loop unbundling (Annex 5), collocation (Annex 6 including an EtherLink Service for connecting collocation locations), fault repair and maintenance (Annex 7), rates and charges (Annex 8) and network compatibility of transmission systems and NGA rollout (Annex 9).
Minimum content of the reference offer for physical unbundling of the local loop and sub-loop and for access to ancillary services (e.g. collocation), point 220.127.116.11.1. of the market analysis decision:
A similar structure is used for the Reference Offer on virtual unbundling (see http://cdn3.a1.net/final/de/media/pdf/Virtuelle-Entbuendelung.pdf). Basic elements for the strucure of this Reference Offer have been provided by a dispute settlement decision of the Telekom-Control-Kommission dated Dec. 17, 2012 (see https://www.rtr.at/de/tk/Z1_11_Z3_11). A main section with general contractual provisions is followed by several annexes. Annex 1 („Technical Manual“) gives an overview on network and service architecture, handover points, service class parameters, bandwidth profiles and DSLAM configuration. Processes with regard to ordering, provisioning and cancellation as well as availability requests, timeshifts, migration processes, contact points and forms are subject to Annex 2 ("Operation manual"). While Annex 3 covers charges and Annex 4 maintenance and fault repair, Annex 5 describes rules for the use of modems. A new Annex 5a enables wholesale partners to rent modems from A1 in order to make them available to own retail subscribers. A list of potential locations for applying virtual unbundling can be found in Annex 6 while Annex 7 gives instructions how to use the web interface. Several abbreviations and definitions can be found in Annex 8. Annex 9 contains provisions with regard to the Optical Network Termination ("ONT") in case of bei FTTH subscriber lines. Annexes 10 and 14 cover stipulations regarding the prerequisites of a mandatory migration of existing services provided by wholesale partners in the course of an NGA buildout at an access remote unit (Annex 10) or a main distributon frame (Annex 14). Rules on "port forwarding" in the course of shifting a virtual unbundling service from an MDF location to an ARU location or from an ARU location to another ARU location can be found in Annex 11. Annex 12 covers procedures for supplementary package orders (e.g. modem installation, WLAN configuration). Annex 13 describes switching procedures between different virtual unbundling flavours. Annex 15 describes port forwarding procedures in case existing VE services are switched from one DSLAM port to another.
Minimum content of the Reference offer on a wholesale product "Virtual unbundling", point 18.104.22.168.2 of the market analysis decision:
A1 Telekom Austria AG has published both offers in due time.
The actual Reference Unbundling Offer ("RUO 2017") can be found on the website of A1 Telekom Austria AG under https://cdn11.a1.net/m/resources/media/pdf/RUO-2017.pdf
The actual Reference Unbundling Offer on Virtual Unbundling can be found on the website of A1 Telekom Austria AG under https://cdn12.a1.net/m/resources/media/pdf/Virtuelle-Entbuendelung.pdf