Article 3 of the Gigabit Infrastructure Act (GIA) requires network operators and public sector to meet reasonable requests for access to their physical infrastructure (including ducts and poles) (PIA) under fair and reasonable terms, while public sector bodies are also required to provide access on non-discriminatory terms and conditions.
This report provides an overview of the application of regulation of Physical Infrastructure Access (PIA) under the Broadband Cost Reduction Directive (BCRD) which was in force prior to the entry into force of the Gigabit Infrastructure Act (GIA), and provides recommendations that could potentially be included in the guidanceat EU level regarding the application of Article 3 GIA, with a focus on access to ducts and poles.
Regarding pricing, it concludes that different approaches should be taken for different types of asset – incremental cost may be appropriate for utilities and transport, while for public sector assets, the public interest could also be taken into account. For ducts and poles controlled by electronic communication network providers, costs should include common costs and reflect impacts on the business plan. Recommendations regarding non-price terms and exclusions from the obligation to provide PIA are also provided.
