Some network owners consider the regulatory framework is premature given that no access requests have yet been submitted
The law specifically provides for access requests
On 8 August 2023, the BIPT published a communication directed at telecoms operators wishing to access and reuse a competitor’s drop cable – a line that runs from the distribution point to an end user’s premises. With the drop cable a key element of fixed broadband networks (and often the hardest to install), under Belgium’s Electronic Communications Act, an operator that wishes to roll out new infrastructure can make a reasonable request for access to the BIPT. In the communication, the regulator outlines the principles it will take into account following such a request.
Fiberklaar, Proximus and Telenet think the communication is premature
The BIPT launched a two-month public consultation on the matter on 6 October 2022, receiving responses from seven operators. Three – Fiberklaar, Proximus and Telenet – claimed that it was premature for the regulator to issue recommendations at this stage because the determination of the first concentration point (i.e. distribution point) can only be made in light of the nature and content of the request, taking into account the specifics of the applicant and network involved. Fiberklaar, Proximus and Telenet also argued that it was not for the BIPT to outline requirements on how to adapt concentration points (to facilitate access for third parties). In response, the BIPT recognised that it is always necessary to assess requests on a case-by-case basis; however, it considered that this does not prevent it from publishing a document in advance containing guidelines to indicate how a request would be handled, where the possible problematic points lie and the potential network adaptations that may be deemed reasonable.
Reusing infrastructure is practical and cost efficient
The BIPT states that although it has not yet received any ‘concrete requests’ from access seekers, operators’ current and future fibre rollouts may result in such requests. The communication therefore aims to improve transparency and increase information for alternative operators in order to further encourage the rollout of telecoms networks across Belgium. Without the necessary access, an operator must bring a second drop cable to the end user and possibly install a second network termination point, which may be economically inefficient or physically impractical. The customer may also be reluctant to install (and bear the costs of) this second drop cable and refuse the installation, which can prevent a new connection being established. This problem becomes more complex in large apartment buildings, where issues of common areas and co-ownership arise.
Some network modifications are required
In its conclusion, the BIPT underlines its view that providing access to an operator's fixed infrastructure can play an important role in stimulating competition. However, it has identified some adaptations Proximus should make to its existing point-to-multipoint (P2MP) fibre network to enable passive unbundling to single- and multi-dwelling units. For the coaxial networks of Telenet and VOO/Orange, the first concentration point is already reasonably accessible, with the drop cable able to be physically disconnected. For other very high capacity fixed networks that may be deployed in future, the BIPT would apply the same principles and starting points, adding that it may impose specific access conditions or rules where needed, including those relating to transparency, non-discrimination and cost allocation.
