Saatja: Kira Terstappen-Richter <
[email protected]>
Saadetud: 14.10.2020 12:09
Adressaat: TTJA <
[email protected]>
Teema: BEREC guidelines on the definition of the network termination point / Free choice of
telecommunications terminal equipment
Dear Sir or Madam,
The digitisation of the economy, society and administration is in full swing. In this context
telecommunications terminal equipment (e.g. routers, modems, telephones, telephone
systems or alarm systems), which are connected to the public telecommunications network
and enable the use of the services provided via it, are of fundamental importance. Each end-
user - whether they’re working from home or want to set up a company network - has
different needs and wishes for their terminal equipment. We therefore believe it is essential
that end-users are able to choose the device(s) they want on their broadband connections.
With that in mind, it is very positive that for some years now, end-users in all member states
of the European Union have had the directly applicable right to "use terminal equipment of
their choice" (Article 3(1) of Regulation (EU) 2015/2120).
The location of the network termination point is decisive for the free choice of terminal
equipment. It determines whether a terminal device is part of the public telecommunications
network under the authority of the network operator or part of the end-user’s private network.
If the network termination point is located at the "socket on the wall", the end-user - and not
the network operator - can decide which terminal device they want to use.
Defining the network termination point is the responsibility of the national regulatory
authorities. In order to contribute to consistency in determining the network termination point
and to provide substantive support in this task, BEREC has recently published the BEREC
Guidelines on Common Approaches to the Identification of the Network Termination Point in
different Network Topologies (BoR (20) 46), which NRAs should take into account as far as
possible.
In line with the BEREC Guidelines, national regulatory authorities can now legally and
unambiguously identify the network termination point at the passive “socket on the wall”
(local loop).
In other EU member states (such as Italy and Germany) with many large but also small
network operators, end-users have free choice of terminal equipment on their broadband
connection. As in the cable market in the US, which has long been open, the freedom of
choice of terminal equipment is a success story in these countries. The technical and legal
concerns previously expressed by opponents of the freedom of choice of terminal equipment
have in no way become reality.
In our view, it should be a matter of course that end-users should be free to choose the
terminal device for their broadband connection. When it comes to mobile telephony, it is
generally accepted that there is no technical necessity for compulsory terminal equipment
and that end-users have always been able to use a terminal device - mobile phone /
smartphone – of their choice in any network (see BEREC Guidelines on Common
Approaches to the Identification of the Network Termination Point in different Network
Topologies (BoR (20) 46), Guidelines 144. - 146).
We would be pleased if you could explain how the ETRA assesses the situation in Estonia
and when and how the BEREC Guidelines are to be implemented or have already been
implemented.
If necessary, we are certainly also available for a personal exchange.
Sincere regards,
Kira Terstappen-Richter
--
Verbund der Telekommunikations-Endgerätehersteller/
Alliance of Telecommunications Terminal Equipment Manufacturers (VTKE)
Koordinatorin/Coordinator
Alt-Moabit 90a
10559 Berlin
+49 (0)173 628 6244
[email protected]
www.vtke.eu