New regulatory framework for the fixed network
Date of issue 2022.07.21
The Bundesnetzagentur today set the regulatory framework for access to the "last mile" of Telekom's fixed network. The administrative order sets new terms and conditions for access to Telekom's copper and new fibre lines at wholesale level.
"With today's decision we are creating a framework for fair competition and continued fibre rollout,"
said Klaus Müller, President of the Bundesnetzagentur. "I am pleased that our commitment to a stable and transparent fibre rollout has successfully stood up to the test by the European Commission."
Notification procedure
On 18 July 2022 the European Commission made its position clear in the statutory final voting procedure of the European Commission and the regulatory authorities of the other member states. Taking the European Commission's vote into the utmost account, the new regulatory concept was adopted today.
Duct access
Telekom is to make unused and available capacities in its ducts accessible to non-dominant companies. The European Commission welcomed the Bundesnetzagentur's ideas and considerations concerning a topic that is widely debated in the market, namely duct access at reasonable rates as an incentive for the building of new structural infrastructure.
Information about free duct capacity will be accessible via the infrastructure atlas, the new "gigabit register".
Access to fibre networks
The Bundesnetzagentur is keeping to the more flexible course it has set for access to fibre networks. The "commitment contracts" agreed up to the end of 2031 have been examined in more detail and have passed the economic replicability test.
Access to copper networks
The Bundesnetzagentur sees confirmation of its reserved regulatory approach to the approval of copper access charges, the price anchor for fibre rollout, which it has granted for the first time for a very long period and is supported by the European Commission.
Timescale
It is estimated that the new framework conditions will apply for at least the next three years until they are replaced by new Bundesnetzagentur rulings. The Bundesnetzagentur is already preparing new data surveys, which will be used to review the market conditions and adjust the regulatory framework if necessary.
The regulatory order will be posted on the Bundesnetzagentur's website within the next few days.