Novita’ dalla Commissione e dal regolatore danese

Se capisco correttamente, questa e’ una buona notizia per la neutralita’ della rete e riguarda il mio 5o principio. (mi pare la prima indicazione regolamentare di implementazione effettiva del 5o principio).

From the EC: Case DK/2008/0862: Wholesale broadband access in Denmark
Comments pursuant to Article 7(3) of Directive 2002/21/EC1

Concerning
TDC’s cable TV network, NITA intends to impose the access obligation at
two levels, namely at the nearest Ethernet layer 3 Router / Switch and
at an Ethernet layer 3 Router / Switch higher in the network hierarchy
(including traffic conveyance to the wholesale customer’s ISP-node via
the IP/MPLS-network), or at a corresponding point in TDC’s network,
respectively. In this regard, NITA explains that in the absence of
appropriate regulatory remedies for wholesale cable broadband access,
TDC’s control over a major cable TV network would enable it to maintain
or even strengthen its dominant position in the market.

The
Commission notes that TDC shall be mandated to give access to
additional functionalities (such as multicasting) in the scope of the
bitstream remedies. NITA indicates that the list of additional
functionalities set out in the notification is not exhaustive. NITA
states that Danish end-users demand telephone and (HD)TV delivered over
broadband connections to an increasing extent and that video on
demand
is expected to be valued by Danish end-users in the future. However,
NITA did not provide further details in its notification as regards the
development and takeup of triple play offers in Denmark. NITA does not
substantiate either why it would like to impose obligations such as
multicasting in this market.
In this respect the Commission notes
that the relevant market in question is the upstream market for access
to data services, in particular to Internet and not to broadcasting
services as such. However, the Commission believes that it is possible
that trends in the market for wholesale broadband access may develop in
such a direction that in the absence of a TV offering the provision of
an Internet access product alone may no longer be sufficient to compete
effectively at the retail level.

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