ACM confirms unbundled access regulation

Thursday 17 December 2015 | 09:25 CET | News
Dutch regulator ACM has published its final decision on the unbundled access market, allowing the new regulation to take effect from the start of 2016. Under the regulation, KPN will be required to provide wholesale access to its copper and fibre networks. KPN remains subject to broadband and to a lesser extent fixed telephony regulation, while cable networks will not be regulated. 

The ACM found the market was not competitive without ex ante regulation but considered cable access regulation not technically possible. The ACM first published its decision in 2014, but the European Commission asked the regulator to explain better its reasoning for not regulating cable. After amending the decision to strengthen its arguments, the ACM has now received clearance from the EC for the final decision. The new regulation will be valid for three years. 

KPN already earlier this year signed multi-year agreements with the main wholesale customers Tele2, M7 and Vodafone for wholesale access. The operators negotiated directly with KPN, rather than awaiting the outcome of the regulatory process. In response to the ACM's final decision, KPN said its objections remained. "It's difficult to understand that the ACM is still regulating in a situation where, also according to the ACM, there is competition on retail markets for broadband internet, telephony and TV," KPN said. "It's unbelievable that in such a situation then KPN is regulated." The operator could not say yet whether it would appeal the regulation. 

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