3.6.4.5 Reference unbundling offer of Telekom Austria
Since 02.01.2001, Regulation (EC) 2887/2000 has required SMP operators to submit a reference unbundling offer. However, the reference unbundling offer of Telekom Austria did not correspond, in essential parts, to the requirements contained in the Regulation, nor to the rulings in the relevant unbundling notices (Z12/00, Z14/00, Z15/00). For example, it did not contain any regulations regarding shared use of the local loop.
Starting on 14.02.2001, the TKK therefore requested Telekom Austria several times, in the course of the proceedings initiated by the TKK, to adapt this offer to meet the provisions of Regulation (EC) 2887/2000, in particular with regard to adding regulations in respect of shared use. Since Telekom Austria did not comply with this request, it was instructed by means of the notice of 18.06.2001, setting a deadline, to comply with this request of the TKK. Prior to the expiry of this deadline, Telekom Austria submitted a corresponding Annex 12 containing regulations regarding shared use. On behalf of the TKK this Annex 12 was subsequently examined by RTR-GmbH.
In a letter dated 13.09.2001, RTR-GmbH informed Telekom Austria that the charges contained in Annex 12 did not correspond to the principle of cost-orientation and would therefore need to be adapted accordingly; in addition, it was not justifiable to exclude the provision of voice telephony services in the frequency band above 100 kHz. Therefore, Telekom Austria was asked to carry out clarifications and changes.
Since the revised versions of Annex 12 submitted by Telekom Austria took
account of the concerns only in part and Telekom Austria insisted, in
particular, on restrictive provisions regarding a provision of voice telephony
service in the frequency band above 100 kHz, the TKK issued a notice (Z
04/01), after prior announcement, in which Telekom Austria was instructed
to modify Annex 12 of its reference unbundling offer until 28.12.2001
on three counts:
- the restrictive provisions regarding the services that can be provided in the frequency band above 100 kHz should be omitted;
- an obligation should be provided to immediately inform the unbundling partner that a subscriber line has been cancelled by the end-user;
- an adaptation provision contained in the offer of Telekom Austria should be adapted such that it can be applied also if the proceedings are completed other than by means of a notice.
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Unbundling of the local loop is possible at all 1,400 main distribution frames of Telekom, sub-loop unbundling is basically possible (where technically feasible) at a far greater number of relevant switching units of Telekom Austria. At the time when this report was prepared, about 12 unbundling partners (4 of these mere ISPs) had unbundled about 5,500 local loops (almost 50% of these high-bit-rate) at about 160 main distribution frames. |
