1. Infrastructure sharing experience in Lithuania
Natalija Gelvanovska
Access and Networks Section
RRT

2. Content Infrastructure sharing: Infrastructure construction:
Legal framework;
Current issues:
Duct sharing (access):
Concerns;
Sharing of in-house facilities;
Infrastructure construction:
Recent legislative developments;
Co-building:
Proposal of legal framework.
Infrastructure sharing experience Nida, September 2009

3. Legal framework Infrastructure Sharing Symmetrical obligation:
Symmetrical infrastructure (facility) sharing obligation is established under the Law of Electronic Communications in place since 2004:
Detailed regulation in place – since 2005;
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.
Infrastructure sharing experience Nida, September 2009

4. Duct Access Infrastructure Sharing
Commercial product which developed under the infrastructure sharing regulation:
Without insistent regulatory pressure.
Reference offer from the incumbent for Duct access available since 2005:
Without explicit transparency regulation.
~ every second operator in Lithuania is using duct access service:
160 electronic network and service providers (Source: RRT, 1Q 2009);
78 of them use duct access service (Source: RRT).
Main provider of duct access is incumbent. Among other providers are:
ISPs, Cable TV operators, providers of Dark fiber, Utility providers.
Infrastructure sharing experience Nida, September 2009

5. Duct Access – Current concerns
Infrastructure Sharing
Duct Access – Current concerns
Growing number of disputes and complaints indicates that following issues should be decided in near time:
Stale information on existing duct routes:
Operators in order to obtain duct access are required to provide map indicating the duct routes which they intend to rent;
Information on duct routes is available from municipalities;
Since 2009 new ducts are not registered within national register of real estate.
Electronic map of duct routes:
Incumbent argues the development of e-map of duct routes would incur huge investments and therefore is not economically justified;
Only few e-maps are available across EU, i.e. Portugal, Spain.
Access to the e-map is usually quite expensive:
i.e EUR per year in Spain.
At the moment RRT is considering possibility to develop common e-map.
Infrastructure sharing experience Nida, September 2009

6. Duct Access – Current concerns (2)
Infrastructure Sharing
Duct Access – Current concerns (2)
Significant number of complaints is related to determination of free space in the conduits:
Traditionally permission to thread the cable was granted in case occupied space in the conduit is not exceeding 75%:
At the moment no agreement among market players on calculation of 75%...
Legal framework is based on technical feasibility;
Incumbent has made methodology proposal:
Up to 16%-24% of total conduit surface may be occupied;
Discriminatory and not consistent with the practice applied.
RRT intends to propose a methodology for calculation of free space in the conduit:
a public consultation will be launched in autumn 2009;
methodology should be agreed among market players and ensure transparency in case of disputes.
Infrastructure sharing experience Nida, September 2009

7. In-house facility sharing
Infrastructure Sharing
In-house facility sharing
Among other concerns are in-house facility sharing issues:
Numerous complains and inquires from both ISPs and Communities of apartment houses;
RRT concluded that Communities usually abuse their power. Observed manifestation:
a requirement of unjustified payments and (or)
a discrimination among ISPs.
Under infrastructure sharing obligation Communities are obliged to provide access to in-house facilities for network construction:
RRT works towards increase of transparency in this area.

8. Recent legislative developments
Infrastructure Construction
Recent legislative developments
Undertaken amendments intend to solve problems linked to construction of electronic communications networks in the areas of green field housing developments;
Following legislative amendments were completed:
In April, 2009 Ministry of Environment updated Technical Regulation for construction of Housing Development. After the update Regulation:
includes requirement, among systems of other utilities, to engineer electronic communications system in blocks of apartments;
is linked with RRT regulation on construction of Electronic communications networks.
In May, 2009 RRT updated above regulation in order to:
explicitly cover infrastructure construction in blocks of apartments:
focusing on inlets to the buildings, ducting and in-house wiring;
Defined proportions and dimensions are committed to avoid infrastructure sharing bottlenecks in the future.
Infrastructure sharing experience Nida, September 2009

9. Co-building: legislative proposal
Infrastructure Construction
Co-building: legislative proposal
In April, 2009 RRT submitted for Public consultation legislative proposal for co-building procedure:
Intends to decrease costs of construction:
relevant for construction of passive infrastructure, e.g. ducts, towers.
According to the proposed framework:
Notification
Dedicated web site
Application
Agreement of joint construction
Network construction
In June, 2009 RRT hosted a public consideration of comments received from the market players. Among issues concluded:
Shorter terms for application submission;
Dispute resolution guidelines.
Amended Project was posted for second public consultation.
Infrastructure sharing experience Nida, September 2009

10. Communications Regulatory Authority of the Republic of Lithuania
Infrastructure sharing experience Nida, September 2009