On 5 October 2006, following consideration of Telekomunikacja Polska S.A.’s request of 24 July 2006 for approval of a Reference Unbundling Offer, the President of the Office of Electronic Communications issued a decision amending the submitted draft RUO. Thus a new Reference Unbundling Offer for full and shared access was introduced.
During exercised administrative proceedings the President of UKE assessed the draft RUO prepared by TP and found that it was necessary to introduce a number of substantive amendments. New wording is to ensure that also non-active loops will be subject to unbundling. In addition, all types of subscriber lines that may be used for the provision of services by the Competing Operator, including Fiber in the Loop as well as SDSL and ADSL, will be subject to unbundling.
The President of UKE regulated the principles of covering the costs for the deployment and extension of collocation rooms. It also introduced a number of procedural amendments which should facilitate and bring more transparency to cooperation between TP and a Competing Operator while granting access to the local loop.
The new RUO introduces lower charges for access to the local loop, which makes this service more attractive to alternative operators. In this respect the draft RUO submitted by TP fulfilled the obligations imposed by a Decision of the President of UKE mandating the amendment of the RUO only to a minimum extent.
The President of UKE benchmarked the charges introduced by the Decision of the President of URTiP of 2005 and the charges applied in European markets (based on data included in the 10th and 11th Report on the European electronic communications regulation and markets) and found that a significant reduction in rental charges for full and shared access was observed in 2005 in the old EU Member States.
Based on these findings rental charges in the new RUO decreased by 38% for full access and by 55% for shared access as well as by 33% regarding a single fee for shared access as compared to the 2005 RUO. A slight increase (by 13%) of a single fee for full access was introduced.