In-house FTTH access. Regulatory conditions. We make ICT strategies work

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1 In-house FTTH access Regulatory conditions We make ICT strategies work

2 Illustration of FTTH in-house access For the purpose of the present analysis, in-house FTTH access refers to the network portion from the Distribution Point (DP) to the Optical Telecommunications Outlet (OTO). Core network Concen tration network Access network = FTTH in-house access IP Ethernet (ATM) FTTH architecture (P2P or P2MP ) Limit of private property Distribution Point (DP) FD OTO MPoP OTO Drop fiber cable BEP OTO BEP: Building Entry Point FD: Floor Distributor MPoP: Metropolitan Point of Presence OTO: Optical Telecoms Outlet Feeder segment 2 Drop segment Drop cabling Vertical drop In-house cabling Home installation In-house segment Home cabling

3 The regulatory train for FTTH in-house access is in motion worldwide In-house wiring is one of the key bottlenecks restricting FTTH deployment. Thus NRAs increasingly regulate sharing of in-house infrastructure to promote competition. TKG ACM 2010 decision Unbundled fiber Mandatory Asymmetry 2011 Symmetry Power for NRA Unspecified HAKOM ARCEP Multi-fiber Mandatory Symmetry DecreeLaw House market 2009 Multi-fiber Mandatory Symmetry Swisscom CMT 2009 Unbundled fiber Mandated Asymmetry 2009 Single or multi Mandatory Symmetry 2008 Multi-fiber Voluntary Symmetry 1999 BCP Program Voluntary Multi-fiber Australien Neuseeland 3

4 Main regulatory fields of action towards FTTH in-house deployment In order to facilitate FTTH in-house deployment, regulatory measures essentially address estate/building owners and network operators. Access to network operators Balance of rights between owner and tenant Mandatory standards for ducting systems via building laws 1 Owner vs. tenant of building Access of competitor to already existing infrastructure of network operator 4 Cross-cutting fields of action Main regulatory fields of action for improved FTTH in-house deployment 2 Network Operator vs. Competitor Mandatory standards for cables via building laws 3 Owner vs. Network Operator Access of competitor to newly deployed infrastructure of network operator Access of operator to private estate and building Access of operator to existing infrastructure Access of operator to newly created infrastructure 4

5 Key challenges related to in-house FTTH access Essential regulatory area of concern regarding FTTH access is to mitigate investment risks without disturbing the level of competition on the market. Prerequisites for FTTH access Key challenges Access to buildings and in-house wiring In-house cabling 43% of total NGA CAPEX Concerns on economic viability of FTTH access Drop segment deployment on private estate Civil engineering is a key barrier to replicability Risk of de facto monopoly by first moving operator Required consent of estate and building owner Product portfolio and marketing affected House introduction of drop cabling Imposed conditions by estate and building owner Delay or delay of deployment and lack of investment security Unclear property right over building or estate Higher retail prices complicate success Increases Use of existing delay and in-house costs cabling of or deployment new deployment Existing exclusivity requirements on owners 5 No connection of tenants willing to connect

6 Strategic options for regulating in-house FTTH access Multi-fiber approach, single fiber unbundling and bitstream access are three prominent and complementary strategic options for competitive in-house FTTH access. Multiple fiber FTTH approach Single fiber FTTH approach ( unbundled access ) Bitstream access Description Several fibers are deployed from the Distribution Point to each end-user premises One single fiber line is deployed from the Distribution Point to each end-user premises Access to customers via active electronic interfaces at all nodes of the concentration/core network (infrastructure-based competition) (access-based competition) (service-based competition) Pros Cons Fiber replicability at lower costs Facilitates a cooperation model Secures freedom of choice for user Several operators reach the enduser s home in parallel Deepest level of end-to-end control High sunk investments required Higher barrier to entry Increased penetration risks for non SMP operators Only up to 4 operators reach users Proven long track record in Europe Lower market entry risk and CAPEX Number of competitors is determined by the market Can be implemented wherever fiber rollout is economically viable Complicates cooperation models Only one operator can reach the end-user s home The 3 options are not mutually exclusive, but rather complementary 6 Lowest market entry risk and CAPEX Access at all network nodes of the concentration and core network DSLAM, Ethernet or IP Bitstream No infrastructure control by access seeker Limited product and price innovation and differentiation Wholesale operator manages connections

7 Key success factors for in-house FTTH access Regulatory measures must target owners of real estate and buildings as well as first moving operators in order to secure speedy and cost effective in-house FTTH access. Obligation towards operators Obligation towards competitors Tolerate drop segment deployment on private estate Provide access to drop cabling lines and infrastructures Tolerate house introduction of drop cabling Tolerate use of existing in-house cabling or new deployment Provisions on financials: Who bears costs of FTTH infrastructure deployment and what can be included in the access pricing? Provide Information on all buildings connected Implement network topology that enables infrastructure sharing Provide access to existing physical infrastructure Obligation towards building owner Provide information to existing physical infrastructure Agreement on modalities for FTTH access deployment FTTH access independent from private owner s consent 7 Shared use of FTTH access infrastructure mitigates bottlenecks towards effective competition

8 Regulatory options chosen by countries: The example of multi-fiber approaches Albeit slightly different, the multi-fiber approaches implemented in France, Switzerland and by the EU Commission are the most prominent cases for multi-fiber FTTH access. Owner Source Nature of the approach Main features of the approach Legislation and Decisions ( ) Mandatory approach (symmetry) Agreement between operator and owner In-house network up to Distribution Point No financial compensation to owner Operator installs up to 4 fiber lines per building and bears costs of installation Access by other operators upon demand Access point outside private properties Multi-fiber options for in-house FTTH access Fibre suisse model (2008) Voluntary approach of private sector (facilitated by NRA) Mutual agreement between competitors Invest installs 4 fibers per home Access point is outside private properties Option for sharing also feeder segment Swisscom responsible for drop segment Owner is responsible for in-house wiring NGA recommendation (2010) Voluntary approach, possible mandatory for SMP in the drop cable segment (asymmetry) 8 Applies only with regard to SMP operators Mandated access to the drop segment Voluntary deployment of multiple fiber lines in the access network (+ in-house) Where legally possible under national law, mandatory deployment of multiple fibers NRA sets location of distribution point

9 Regulatory options chosen by countries: The single-fiber approach in the Netherlands The unbundled fiber approaches in the Netherlands and Croatia are based on asymmetric regulation by NRA as a result of analysis of market n 4. Owner Source Nature of the approach Main features of the approach Single fiber option for inhouse FTTH access SMP regulation in market n 4 (2010) Mandatory approach unbundled fiber (asymmetry) First moving operator and competitor share FTTH access infrastructure Infrastructure use on an unbundled basis Asymmetric SMP regulation with Reggefiber as SMP for FTTH access Mandated open access to passive fiber Access point is at the Optical Distribution Frame (ODF) ODF access Collocation services and backhaul access Price caps on unbundling rates Transparency obligation (Reference Offer) Operational and functional separation of passive infrastructure provider Reggefiber FTTH from active operator and service provider KPN SMP regulation in market n 4 Mandatory approach unbundled fiber (asymmetry) 9 Obligation for incumbent Access to fiber-based local loop (P2P) Reference offer for unbundled access to LL and related facilities Publish conditions, time limits and prices

10 Why Detecon Having Detecon as partner means securing compliance of FTTH access deployment with regulatory conditions while avoiding mistakes made by other players. Detecon Leverage Client Benefit Holistic Team of experts from all disciplines A dedicated project team brings together all regulatory, technical, commercial and financial expertise and experience related to FTTH access deployment in accordance with Client s business strategy Regulatory bottlenecks of FTTH access are mitigated in the light of Client s operational FTTH business imperatives Practical Real-world solutions instead of theory Based on sound regulatory strategy, Detecon s solutions have been implemented in practice for many Clients worldwide Tangible solutions ready for implementation Benefit from hands-on strategic expertise while avoiding mistakes made by other operators worldwide Impact Solutions with lasting value Integration of in-house FTTH access within Client s overall FTTH rollout strategy Understanding of FTTH access challenges from NRA s and operator s perspective and staff involvement Coherence of regulatory approach to FTTH access with overall strategy Ownership of Client s staff over regulatory solution Customized International experience adapted Full understanding of Client s reality of business and local market challenges Project team knows Client s business environment Presence with a local office in Client s region of operation 10 Regulatory solutions designed for FTTH access are relevant to Client s actual business needs

11 Selected References The Client leverages Detecon s lessons learned from similar assignments in regulatory strategy for FTTH in-house access, thus avoiding mistakes made in other countries. Client Reference Case UAE NGA Bitstream strategy Etisalat has been imposed regulatory remedies for the provision of bitstream access based on fiber infrastructure. Detecon developed the BSA strategy and optimized the technical infrastructure setup. Germany Development of FTTX cooperation models Detecon defined complimentary FTTx rollout strategies and developed regulation friendly cooperation models with competitors to facilitate CAPEX efficient rollout. UAE NGA BSA, ULL, dark fiber reference offer Detecon developed a successful, optimal and sustainable access regime that enabled the operator ( du) to grow its customer base while protecting its current revenues. Slovak Republic Development of Reference Bitstream Access Offer Defined wholesale reference broadband access portfolio and setup a regulatory negotiation strategy based on state of the art costing and pricing strategies Turkey BSA, LLU regulatory scenarios for Turk Telekom Benchmarking of tariff regulation regime and regulatory decisions in selected EU member states. Recommendations for Turk Telecom on rebalancing and retail tariff regulation. In-house cabling strategy 11

12 Your Contact Persons Dr. iur. Albert Njoume Ekango Pic Phone: Mobile: Fax: Dr. Arnulf Heuermann Pic Phone: Mobile: Fax:

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