Danish telecoms regulator the National IT and Telecom Agency (Telestyrelsen) has ruled that the country’s incumbent telecoms operator TDC must provide access to its cable network to rival broadband companies. The agency considers TDC’s control over the copper network and cable TV operator YouSee a barrier to competition in the broadband market as the incumbent has an economic incentive to upgrade only unregulated infrastructure (the cable TV network) to the detriment of its competitors. TDC’s YouSee network can provide a higher capacity than the PSTN and without regulated access other companies are unable to offer consumers the same services as TDC. Under Telestyrelsen’s decision, the operator must open both its copper and cable TV networks to other broadband companies enabling them to compete with TDC for broadband customers on equal terms. The regulator will ensure that the obligation will only be applied when there is a specific request for access, and when a decision about the price of access has been made. Such enforced access however will not have an effect until the wholesale price of broadband via the cable TV network is determined, and until TDC has implemented the necessary systems.
The regulator has also announced that it will conduct a separate investigation of the impact on competition regarding TDC’s acquisition of DONG Energy’s fibre network in November 2009. Telestyrelsen will assess whether or not to regulate access to the incumbent’s newly acquired network.