The Spanish regulatory authority CMT has published a 592-page resolution, which includes 277 pages of regulatory considerations and decisions, and a reformulated text for the "Oferta de Acceso al Bucle de Abonado" of Telefónica, i.e. the reference offer which covers local loop unbundling, shared access to the local loop, and bitstream access.
Among the numerous modifications to the reference offer, including many points of contractual, technical and operational detail (including service quality, SLA equivalence with retail services, possibility to send multiple incident reports, billing and invoicing issues, etc.), the following items are particularly noteworthy:
- Modalities for xDSL migrations and transfers
- Project migration (for a minimum of 100 lines) covering the scenario of an ISP changing from one wholesale xDSL provider to another.
- Line-by-line migration from ATM bitstream access to local loop unbundling.
- Transfer of individual xDSL customers from one operator to another (covering various retail and bitstream access scenarios, but not local loop unbundling and shared access) with a maximum service interruption of 30 minutes. Transfer requests can be made by the end-user directly, or by the receiving operator on the end-users' behalf.
Various points relating to xDSL in connection with number portability.
- Consideration of ADSL2, ADSL2+, and VDSL in the context of LLU (principles for SDSL remain unchanged).
- 3-month notice to operators for changes to technical specifications of ATM bitstream access (new bandwidth and QoS profiles, removal of previously available bandwidth and QoS profiles) and 1-month notice to CMT for any change to ATM bitstream access offerings and pricing covered by the reference offer. Requirement on to publish and maintain up-to-date the ADSL-IP (IP bitstream) conditions and pricing.
Explicit authorisation for alternative operators to co-locate video servers and routers on the premises of Telefónica in order to be able to provide services equivalent to Telefónica's “Línea Imagenio” (xDSL-based service comprising Internet access, TV over DSL, and online gaming / low bandwidth video).
Introduction of 3 new bitstream access (GigADSL) bandwidth and QoS profiles: 512k/256k, 1M/512k, 2M/512k with an increased SCR of 50%). Telefónica is entitled to launch new retail services on the basis of these new wholesale products on 24 May 2004.
Prohibition on win-back initiatives (2 months from activation of local loop unbundling or bitstream access) and prohibition for Telefónica to use provisioning database information for commercial purposes.
Slight change to wholesale pricing approach: cost-orientation for all local loop access, except the monthly rental fee for bitstream access, which is subject to a retail-minus methodology, using absolute prices (fixed by the regulator) rather than relative prices (a set formula as was the case in the past), and with special regulatory attention to promotional retail offers of Telefónica and its affiliates.
For a discussion of local loop unbundling, shared access, and bitstream access conditions in Spain, please contact Yves Blondeel.