Reference offer determining the conditions for the provision of access to the Regional Broadband Networks - UKE

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Reference offer determining the conditions for the provision of access to the Regional Broadband Networks


2014-12-12
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The President of UKE presents  the „Reference offer for the infrastructure operators”, containing the recommended conditions of access to the Regional Broadband Networks (RBN). The document is a recommendation and is of an auxillary character. In the intention of the President of UKE it is to help the RBN infrastructure operators to prepare their own offers according to the rules presented on 30 September 2014, in the Position of the President of UKE on the implementation of an obligation to provide shared use and telecommunications access to the telecommunications infrastructure or public telecommunications network build within the Regional Broadband Networks.

 

The offer is supplemented with:

  • „Guidelines for the determination of access fees to the telecommunications infrastructure of the Regional Broadband Networks”,
  • analytical model intended for the analysis of fees for the basic wholesale services of the Regional Broadband Networks, prepared by the Ministry of Administration and Digitization within the „Systemic Project - Measures supporting the development of the broadband access to Internet” co-financed by the European Union under the European Regional Development Fund.

Pursuant to the European Commission decision on the State aid, the so-called “Notification Decisions” issued in reference to particular construction projects of the Regional Broadband Networks and under Regional Operational Programmes, Development of Eastern Poland Operational Programme and project co-financing agreements, beneficiaries of the State aid are obliged to ensure   open, transparent and non-discriminatory access to RBN for the operators of access networks, and apply fees for that access as approved by the President of UKE. This obligation has been implemented into the provisions of the Polish law under Article 27 of the Mega-law, and the President of UKE has been the authority responsible for ensuring the correct implementation of this obligation.

In the opinion of the President of UKE, the obligation to ensure access to RBN on open, transparent and non-discriminatory conditions, expressed in the “ EC Notification Decisions”, and obligation to apply approved fees for this access is reflected in the regulatory obligations indicated in the Telecommunications Act:

  • obligation to provide telecommunications access;
  • obligation of non-discrimination in the provision of telecommunications access;
  • obligation to control prices for the telecommunications access;
  • obligation to publish information on the technical end economic conditions of the provision of telecommunications access.

Regulatory activity undertaken by the President of UKE in the scope of provision of access to RBN shall consist in approving, monitoring and verifying the conditions of RBN access, including the fees, and resolution of disputes between the operators as regards this access.

*  *  *

In order to facilitate the RBN operators preparing their own offers, the President of UKE, basing i.a. on the obligations arising directly from the “EC Notification Decisions” and its knowledge, has prepared a “Reference Offer”, in which it described the recommended conditions of RBN access. It should be emphasized that the President of UKE does not carry out a binding interpretation of the provisions of the "EC Notification Decisions”, and therefore the " Reference Offer " is of an auxillary character only.

The publication of the “Reference Offer” in the form of recommendation of the President of UKE assumes a considerable degree of flexibility in its application and appropriate degree of generality. The reference offer is not a specimen of an agreement regulating the conditions of cooperation between the parties in a comprehensive and definite way. Parties may mutually agree on other terms of cooperation, as long as they comply with the basic conditions and obligations under the "EC Notification Decisions ". Such an approach is intended to take into account, inter alia, specific conditions of the sites where particular RBN are developed, as well as to take into account the assumptions and findings that have been made by the beneficiaries so far.

The President of UKE, on the basis of obligation to provide access to RBN resulting from the "EC Notification Decisions” , has, in the “Reference Offer ", specified the basic catalogue of services, which includes: a digital line lease service, dark fibre lease service, access to ducts and complementary services (collocation, surveillance, network connection). The offer also defines basic conditions of organizational and technical cooperation. 

The document "Guidelines for the determination of fees for access to telecommunications infrastructure of the Regional Broadband Network" with the analytical model designed for the analysis of user fees for basic wholesale RBN service, attached to the "Reference Offer", shall be particularly helpful to beneficiaries in determining fees for RBN access. Recommendations of the President of UKE in terms of pricing do not consist in determining the level of fees, but in proposing, by the President of UKE, a methodology for their determination, which allows for taking into account the specificities of each area within the RBN coverage that may differ from each other in terms of, among others, the level of competition and profitability. In addition, the President of UKE has collected and presented the level of market prices as a representative range of the fee levels actually applied by telecommunications companies on the national telecommunications market.

The reference offer was subject to consultations held between October 16  - November 6, 2014. As part of the consultation, on 22 and 27 October 2014 workshops with the participation of representatives of the beneficiaries, telecommunications companies and chambers of commerce of the telecommunications industry were organised. In addition, also individual meetings with stakeholders were held. All comments and suggestions of the broad group of the telecommunications industry representatives gathered during the consultation were collected and published, and then carefully analyzed by the President of UKE. Those opinions had been taken into account to the greatest extent possible, while the “Reference Offer” was supplemented and amended accordingly.

*  *  *

The President of UKE would like to thank the telecommunications companies that were involved in the works on the "Reference Offer" and presented their positions in the course of consultations. The President of UKE also thanks the telecommunications companies that at its request submitted a completed questionnaire, which aim  was, i.a. to collect the data on market prices for the specific services, based on actually concluded contracts. Thanks to the information received, the President of UKE was able to publish market price ranges for the services, which infrastructure operators are obliged to provide, derived from the analysis of the collected and positively verified data.

The offer is available in Polish.

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