Dutch regulator OPTA is being probed by the European Commission (EC) for failing to regulate incumbent telco KPN’s wholesale fiber access offerings.
The EC has suspended OPTA’s decision not to regulate KPN’s fiber-to-the-office (FTTO) services, believing the decision to be a breach of European telecom rules that could negatively impact competition in the Netherlands. Future fiber investment and cross border trade are also in the balance, the EC claims.
“Conditions for access to the fiber network in the Netherlands will determine the cost and the ability of other operators (including those established in other Member States) to provide telecoms services,” an EC statement reveals.
The Commission’s investigation will seek to establish if alternative operators can gain access to the local loop on competitive terms - the only circumstance under which domestic regulators are permitted to waive access regulations. It argues OPTA hasn’t shown good reason why it shouldn’t regulate KPN’s FTTO access, particularly given its ruling on the operator’s fiber-to-the-home access, which established KPN’s dominant position in the Netherlands.