Update 18 Sep 2008: The Appeals Court (Audiencia Nacional) has provisionally suspended the (revised) CMT measures relating to FttH. A hearing is scheduled for 22 Sep 2008, after which the Appeals Court may issue a ruling.

Update 31 July 2008: The CMT has revised its resolution on appeal, and has removed the obligation on Telefónica to provide a 'provisional virtual FttH wholesale service' (FttH bitstream) on the grounds that Telefónica's offer for civil infrastructure access (the primary obligation) is expected to be operational on 16 Sep 2008, thereby removing the need to adopt provisional FttH bitstream remedies (the secondary obligation).

Update 16 May 2008: The full text of the CMT resolution is now available and is linked below.
T-REGS note: Two CMT board members expressed formal reasoned dissenting opinions on the adoption of these provisional regulatory measures. 

The Spanish regulatory authority CMT announced this evening that it has taken provisional regulatory measures in the context of Next Generation Access (NGA) network developments, pending the subsequent adoption of its Market Analysis decisions on Wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location (Market 4) and Wholesale Broadband Access (Market 5).
Only a press release is publicly available at this stage. In this press release, the CMT indicates that the following:
  • Upon reasonable request from alternative operators, Telefónica will be required to provide duct access, under non-discriminatory and cost-oriented conditions.

 

  • Upon reasonable request from alternative operators, Telefónica will be required to provide a map of its NGA nodes as planned until 2010, and various related information (including civil works plans, planned fibre coverage, etc.) 1 year in advance of executing NGA plans.

 

  • Telefónica will also have to provide a 'provisional virtual FttH wholesale service' to unbundling operators committed to invest in NGA, for which an offer will have to be prepared within 4 months, which will be subject to the principle of equivalence. The focus of this provisional measure is to enable unbundling operators to match Telefónica's IPTV offerings in particular.
 
The CMT announcement is accessible by clicking here (in Spanish only).
The full text of the CMT resolution is accessible by clicking here (in Spanish only).
 
For reference, recent documents on Next Generation Access were also issued by the French and Dutch regulatory authorities, as follows:
 
  • France: Following completion of the national public consultation, ARCEP transmitted its provisional analyses for Markets 4 and 5 to the Competition Council on 24 April 2008 (nation-wide markets are proposed to be defined, France Télécom is proposed to be declared as having Significant Market Power on both markets, differentiated regulatory obligations are put forward). The full text of the provisional analysis is accessible by clicking here (in French only).

 

  • Netherlands: OPTA has issued questionnaires to market participants on 4 April 2008, which are designed to gather input for its forthcoming analyses of Markets 4 and 5, giving provisional indications of OPTA's thinking on market definition, SMP assessment, and potential regulatory obligations, specifically in the context of KPN's All-IP roll-out. These questionnaires can be accessed by clicking here (M4) and here (M5)  (in Dutch only).
 
For a discussion of these developments, please contact Yves Blondeel  or  Alexa Veller