International Benchmark

Organisational and governance structure

The different models of separation involve decisions on how the separated wholesale division will work, including on matters such as reporting obligations, Chinese walls, and on which IT systems can be shared and which ones require a separated access.

In addition, the governance structure of the separated wholesale division might be subject to a supervisory committee and/or a monitoring unit that oversees the compliance of the SMP operator with its non-discrimination commitments.

Of the countries researched, four out of ten countries have a supervisory committee, Iceland, Ireland, Italy and UK. In New Zealand, there was a supervisory committee (IOG) from 2008 to 2011, the period when the incumbent operator had been implementing functional separation. However, the committee ceased to exist after the implementation of structural separation in 2011.

Australia and Poland do not have a supervisory committee per se that monitors compliance with non-discrimination commitments but they have other entities playing a role in helping to ensure equivalence.

In Australia, the Independent Telecommunications Adjudicator (ITA) provides a voluntary fast- track dispute resolution to investigate and resolve complaints on equivalence between wholesale customers and the incumbent. In Poland, the system of KPIs is subject to independent audits to verify its functioning.