ARCEP submits draft decisions on broadband and superfast broadband market analysis to public consultation 

Paris, 27 November 2013

Following the publication of a market “scorecard and outlook” (in French) (1), ARCEP continues its review of broadband and superfast broadband market analyses by submitting draft decisions to public consultation, which will apply from mid-2014 to mid-2017.

These draft decisions define the core of what are referred to as “asymmetrical” regulations – in other words which apply only to Orange (2)  – governing broadband and superfast broadband markets, namely:
- wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location (market 4);
- wholesale broadband access (market 5);
- wholesale terminating segments of leased lines, irrespective of the technology used to provide leased or dedicated capacity (market 6).

The changes being suggested by ARCEP relate in particular to:

• the perimeter and possible use of Orange civil engineering that can be accessed for the deployment of optical local loops;
  
  
• access to TV services on DSL in unbundled areas, and the expansion of unbundling;
  
  
• securing the terms and conditions of the Orange fibre backhaul solution (LFO) and, more generally, the solutions needed to deploy and operate optical local loops;
  
  
• increased monitoring of submarine cable tariffs;
  
  
• changes to regulation governing active optical fibre plans for businesses, to take into account changes in market competition;
  
  
• various operational changes to existing wholesale solutions (unbundling, civil engineering, sub-loop unbundling, revival of bundled offers aimed specifically at businesses, etc.);
  
  
• strengthened non-discrimination obligations, in accordance with the European Commission recommendation of 11 September 2013 on “consistent non-discrimination obligations and costing methodologies to promote competition and enhance the broadband investment environment”.

At the same time, and fully in keeping with its symmetrical regulation proposals, ARCEP is suggesting several adjustments be made to the symmetrical regulatory framework – i.e. which applies equally to all operators – governing shared optical local loops (or BLOM for boucles locales optiques mutualisées). These include changes to the boundaries of very high-density areas (i.e. those locations where infrastructure-based competition is possible) (3), and a recommendation that concerns small buildings of fewer than 12 residential or business premises, located in very high-density areas (4). ARCEP has also begun work on the symmetrical regulatory framework, aimed at bringing more clarity to the pricing and operational aspects of shared optical local loop access, and at enabling the creation of solutions tailored to the specific needs of businesses on these shared LL.

The public consultation will run until 8 January 2014.

___________________

(2) And to GCN in the case of the wholesale market for capacity services on interterritorial trunk segments landing in Saint-Barthélemy.