By Alessandro Mauro
To submit comments and updates: alessandro.mauro@telecomitalia.it
In 2007, the Dutch regulatory authority (OPTA) published a report concerning the possible adoption of the British model in the Netherlands: according to the report, the functional separation of the incumbent KPN access network seemed an excessive measure, and it might entail side effects on the market.
In particular, OPTA stressed the following points:
- In the current Dutch regulatory environment, the functional separation does not fall within the framework of the possible "remedies";
- Except for the case of investigation on merger operations, neither OPTA nor the Antitrust Authority has the power, unlike in Britain, to impose structural separation.
Furthermore, the level of competitiveness in the Dutch cable market is considered sufficient.
The Authority, however, declared it was ready to reconsider its position in case the European regulatory framework would change and introduce measures which specifically contemplate the functional separation of the network.
In 2012 the Netherlands, transposing into its national legislation the "Telecoms Package", amended the Telecommunications Law to include a provision that provides for the possibility by OPTA to impose the functional separation of the incumbent Operator fixed network access.
The city of Amsterdam has adopted the following model:
- a partnership formed by different companies which holds the control of the passive network; the majority stake is held by Reggefiber, owned by KPN;
- an Operator that manages the active network;
- several competitors providing retail services.