Legal provisions of COM(2000)394 - Unbundled access to the local loop - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2000)394 - Unbundled access to the local loop. |
|---|---|
| document | COM(2000)394  |
| date | December 18, 2000 |
Contents
Article 1 - Aim and Scope
2. This Regulation shall apply to unbundled access to the local loops and related facilities of notified operators as defined in Article 2(a).
3. This Regulation shall apply without prejudice to the obligations for notified operators to comply with the principle of non-discrimination, when using the fixed public telephone network in order to provide high speed access and transmission services to third parties in the same manner as they provide for their own services or to their associated companies, in accordance with Community provisions.
4. This Regulation is without prejudice to the rights of Member States to maintain or introduce measures in conformity with Community law which contain more detailed provisions than those set out in this Regulation and/or are outside the scope of this Regulation inter alia with respect to other types of access to local infrastructures.
Article 2 - Definitions
(a) 'notified operator' means operators of fixed public telephone networks that have been designated by their national regulatory authority as having significant market power in the provision of fixed public telephone networks and services under Annex I, Part 1, of Directive 97/33/EC or Directive 98/10/EC;
(b) 'beneficiary' means a third party duly authorised in accordance with Directive 97/13/EC(7) or entitled to provide communications services under national legislation, and which is eligible for unbundled access to a local loop;
(c) 'local loop' means the physical twisted metallic pair circuit connecting the network termination point at the subscriber's premises to the main distribution frame or equivalent facility in the fixed public telephone network;
(d) 'local sub-loop' means a partial local loop connecting the network termination point at the subscriber's premises to a concentration point or a specified intermediate access point in the fixed public telephone network;
(e) 'unbundled access to the local loop' means full unbundled access to the local loop and shared access to the local loop; it does not entail a change in ownership of the local loop;
(f) 'full unbundled access to the local loop' means the provision to a beneficiary of access to the local loop or local sub loop of the notified operator authorising the use of the full frequency spectrum of the twisted metallic pair;
(g) 'shared access to the local loop' means the provision to a beneficiary of access to the local loop or local sub loop of the notified operator, authorising the use of the non-voice band frequency spectrum of the twisted metallic pair; the local loop continues to be used by the notified operator to provide the telephone service to the public;
(h) 'collocation' means the provision of physical space and technical facilities necessary to reasonably accommodate and connect the relevant equipment of a beneficiary, as mentioned in Section B of the Annex;
(i) 'related facilities' means the facilities associated with the provision of unbundled access to the local loop, notably collocation, cable connections and relevant information technology systems, access to which is necessary for a beneficiary to provide services on a competitive and fair basis.
Article 3 - Provision of unbundled access
2. Notified operators shall from 31 December 2000 meet reasonable requests from beneficiaries for unbundled access to their local loops and related facilities, under transparent, fair and non-discriminatory conditions. Requests shall only be refused on the basis of objective criteria, relating to technical feasibility or the need to maintain network integrity. Where access is refused, the aggrieved party may submit the case to the dispute resolution procedure referred to in Article 4(5). Notified operators shall provide beneficiaries with facilities equivalent to those provided for their own services or to their associated companies, and with the same conditions and time-scales.
3. Without prejudice to Article 4(4), notified operators shall charge prices for unbundled access to the local loop and related facilities set on the basis of cost-orientation.
Article 4 - Supervision by the national regulatory authority
2. The national regulatory authority shall have the power to:
(a) impose changes on the reference offer for unbundled access to the local loop and related facilities, including prices, where such changes are justified; and
(b) require notified operators to supply information relevant for the implementation of this Regulation.
3. The national regulatory authority may, where justified, intervene on its own initiative in order to ensure non-discrimination, fair competition, economic efficiency and maximum benefit for users.
4. When the national regulatory authority determines that the local access market is sufficiently competitive, it shall relieve the notified operators of the obligation laid down in Article 3(3) for prices to be set on the basis of cost-orientation.
5. Disputes between undertakings concerning issues included in this Regulation shall be subject to the national dispute resolution procedures established in conformity with Directive 97/33/EC and shall be handled promptly, fairly and transparently.
Article 5 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.