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            COMMISSION RECOMMENDATION         

of 21 January 2005         

on the provision of leased lines in the European Union (Part 1 — Major supply conditions for wholesale leased lines)

(notified under document number C(2005) 103)

(2005/57/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1), and in particular Article 19(1) thereof,

Whereas:

HEREBY RECOMMENDS:

Done at Brussels, 21 January 2005.

For the Commission

Viviane REDING            

Member of the Commission

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(1)OJ L 108, 24.4.2002, p. 33.

(2)OJ L 199, 26.7.1997, p. 32. Directive as last amended by Directive 98/61/EC (OJ L 268, 3.10.1998, p. 37).

(3)OJ L 165, 19.6.1992, p. 27. Directive as last amended by Commission Decision 98/80/EC (OJ L 14, 20.1.1998), p. 27).

(4)OJ L 108, 24.4.2002, p. 51.

(5)OJ L 108, 24.4.2002, p. 7.

(6)OJ L 114, 8.5.2003, p. 45.

(7)OJ L 186, 25.7.2003, p. 43.

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ANNEX

METHODOLOGY AND DATA FOR LEASED LINES IN MEMBER STATES

Methodology

The methodology for recommended ceilings for contractual delivery times is based on the third lowest value observed in the Member States in order to accommodate justified differences in network structures and delivery procedures in the different Member States. Based on this methodology and the data given below, the following best current practice delivery time figures have been derived for leased lines provided by designated operators:

Delivery time data for leased lines in Member States

The Commission has obtained data from Member States on delivery times for leased lines of operators notified by the NRA as having significant market power according to Article 11(1)(a) of Directive 92/44/EEC in response to the questionnaire for the Leased Lines Report 2002 (1). The data was received by September 2003. Delivery times reported are defined as the periods, counted from the date when the user has made a firm request for a leased line, in which 95 % of all leased lines of the same type have been put through to the customers (2)(3).

64 kbit/s Leased Lines
Text of image
rec ceiling2002 Delivery period (days)9080706050403020100BEDKDEELESFRIEITLU (1)LU (2)NLATPTFISEUK

2 Mbit/s Unstructured Leased Lines
Text of image
2002 Delivery period (days)rec ceiling1009080706050403020100BEDKDEELESFRIEITLU (1)LU (2)NLATPTFISEUK

2 Mbit/s Structured Leased Lines
Text of image
2002 Delivery period (days)rec ceiling1009080706050403020100BEDKDEELESFRIEITLUNLATPTFISEUK

34 Mbit/s Unstructured Leased Lines
Text of image
2002 Delivery period (days)rec ceiling1009080706050403020100BEDKDEELESFRIEITLU (1)LU (2)NLATPTFISEUK

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(1)  2001 Report available at: http://europa.eu.int/information_society/topics/telecoms/implementation/leasedlines/doc/COCOM02-10%20final.pdf

(2)  See Article 2(3) of Directive 97/51/EC of the European Parliament and of the Council (OJ L 295, 29.10.1997, p. 23).

(3)  Luxembourg provided only half year figures for 2002. Here the figures for both half year periods are displayed. In relevant cases the higher of the two half year figures has been taken into account as an upper bound for full year figures in order to derive best current practice figures.

Data given for Austria: data concern retail and wholesale lines; statistics correspond to the Directive (95 % of delivery times), data include also orders in locations where infrastructure has to be built; for 2 Mbit/s no distinction between structured and unstructured lines; for 34 Mbit/s and 155 Mbit/s the sample is too small for reliable statistics; specific customer delay, customer-requested changes on the target-delivery date (no ‘best effort deliveries’) and on project orders are excluded; delivery times are calculated from time of acceptance of a signed contract, if no other date (see customers’ delays) is agreed.

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