1. Infrastructure sharing and its contribution to the development of the infrastructure- based competition in Lithuania TAIEX Multi-beneficiary Workshop on TAIEX Assistance within Chapter 10 – Information society and Media, 12 April 2016 Kristina Mikoliūnienė Deputy director of Networks regulation department Communications Regulatory Authority (RRT)

2. Challenges in Lithuania: Constantly technological changes; -PSTN vs NGN; -Copper vs Fiber. Poor quality of existed copper lines; Service-based competition vs facility-based competition.

3. Definition and products Infrastructure sharing – If a provider of public communications networks cannot realise the right to install the necessary electronic communications infrastructure or the costs of realisation of such a right are disproportionately high, RRT may request that any provider of electronic communications networks controlling the relevant infrastructure should permit, on non-discriminatory terms, the sharing of the existing electronic communications infrastructure. Infrastructure sharing - joint usage of : pipelines; cable ducts; collectors; manholes; retaining structures (including towers, masts, buildings, in-house sharing, building engineering systems). Infrastructure sharing – cooperation in : building new; joint usage of existing; changing old/unused infrastructure. 3 psl

4. General understanding : Infrastructure Terminals End-users E-services and applications A holistic approach is needed - for all areas is important to attract investments Service- based competition Facility-based competition

5. Legal background 1998 – Law on telecommunications: joint deployment; Rights for RRT to enforce non-discriminatory infrastructure sharing; 2002- Rules for infrastructure sharing; 2003 – Reference offer for duct access from incumbent; 2004 – Law on electronic communications; 2005 – Rules for building and sharing infrastructure; 2010 – Recommendation on regulated access to NGA (2010/572/EU); 2011 – new version of Rules for building and sharing infrastructure; 2012 – Access to maps of existing infrastructure; 2013 – Broadband map (www.raskinterneta.lt); 2014 – Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks. Outcome of the regulation - intention to drive through the regulation 1998 2002 2003 2005 2010 2011 20042012 2013 2014 Regul ation in LT Regulati on in EU

6. Technical background

7. Tools for ensuring infrastructure-based competition in Lithuania: Symmetric and Asymmetric obligations; Instruments and initiatives for BB development; Dispute resolutions.

8. Symmetric obligations General legal act – [Law on telecommunications (1998)]; Law on electronic communications (2004) and Rules for building and sharing infrastructure (new from 2011); Main principles: − Applicable to all legal and natural persons owing infrastructure which is suitable for the construction of electronic communications networks; − Defined list of grounds for denial to share infrastructure; − Ex-post price regulation: cost orientation; − First instance for infrastructure sharing disputes – RRT. Requirements in EU legal acts; 2010 – Recommendation on regulated access to NGA (2010/572/EU); 2014 – Directive on measures to reduce the costs of deploying high-speed networks (2014/61/EU).

9. Competition – what the figures show? 50 % of BB subscriptions are provided by alternative infrastructure 100% of new entrant subscriptions are provided using own infrastructure

10. Competition – what the figures show?

11. FTTH penetration – Europe ranking Source: FTTH Council Report 2015

12. FTTH penetration - Global ranking Source : FTTH Council report 2015

13. Infrastructure map – initiative for BB development - why google is not enough? Stages: 1. Vilnius 2. Kaunas 3. Klaipeda 4. Panevezys Project purpose: provide information for operators Information about existing electronic communication networks infrastructure in municipality Information about prospects of building electronic communication networks

14. Broadband map – www.raskinterneta.lt Broadband service map preview Broadband service map preview

15. Asymmetric obligations SMP obligations Market analysis: very important to identify actual situation; Market of physical infrastructure – from 2007 ; full set of obligations for SMP operator (incumbent): - transparency; - non-discrimination; - accounting separation; - access obligation; - cost accounting and price regulation. Due to access obligation additional requirements are set in Rules for delivery and provision of access: - access to GIS, applications; - additional requirements for study of technical feasibility in reference offer (ANO can take part in threading, unthreading and repairing works; requirements if STF is negative;)

16. Dispute resolution - tool for ensuring infrastructure-based competition in Lithuania RRT had 9 disputes + a few complaints each year; The matter is – RRT do not know where exactly the infrastructure (and what kind of) is. 2008 2009 2010 2011 2012 2013 2014 2015 2016 121 1 2 11

17. Future challenges Clear understanding, what we want to reach (e.g. competitive BB market; satisfied end users; both of them?); Infrastructure sharing vs sharing economy; everything „SMART“ and ecological; policy decisions could reduce roll-out costs.

18. RRT potential technical understanding understanding of end-users needs national features RRT is ahead in Europe

19. ........ Communications Regulatory Authority Algirdo str. 27A LT-03219 Vilnius Lithuaniahttp://www.rrt.lt