FNA proposes inclusion of VDSL in bitstream regulation

Germany’s network regulator, the Federal Network Agency (FNA), has proposed a draft market analysis and regulatory order for bitstream access which suggests that incumbent telco Deutsche Telekom (DT) is obligated to provide non-discriminatory bitstream access to its competitors, IT Times reports. The watchdog has proposed that bitstream access regulation will be valid for all DSL infrastructure, including the incumbent’s VDSL network, although FTTx bitstream access will be exempt. The regulatory order also relaxes regulatory control on the access fee; the telco will now be able to set the fee and send it to the regulator ex-post instead of the current ex-ante regulation. The possibility of regional regulation of DT’s bitstream access was investigated, but the watchdog has decided to continue national regulation as not all conditions for regional markets have been met. Interested parties have one month to submit comments on the new regulation, following which the watchdog will then decide whether to change any aspects of the proposal before it is sent to the European Commission for consultation.