Open access (infrastructure)

Network access (also called Open Access ) is the task of ensuring non-discriminatory access to infrastructure facilities that represent a so-called natural monopoly such as telephone cable networks, cable television networks, electricity networks, gas networks and rail networks. These networks represent a natural monopoly because it would be worthwhile for any other telephone providers, electricity suppliers, gas supplier or transport provider to build its own network in addition to the existing network. For this reason, the owners of the networks must make them available to all other interested parties. The conditions for such access must be the same for all users of the networks. Even the owners of the networks may not be better (or worse) than any other interested party. If this is ensured, the network access " non-discriminatory ".

Germany

For each network configuration, there are specific rules and access conditions. There are also different laws apply in each case. Access to the networks of telecommunications in Germany regulates the Telecommunications Act ( TKG). For access to the power grids, the Energy Industry Act abolished in July 2005 a new basis. The Postal Act provides for the possibility to provide postal services in competition. In the rail networks of the network access provides access to railway infrastructure and services through distance usage rights.

The aim of all these laws is that services are dependent on the networks to open to competition ( " Competition in the nets ").

Of Posts and Telecommunications, the Federal Network Agency, at that time still under the name of " regulator of Posts and Telecommunications ", responsible for a number of years; for Energy Regulation ( electricity and gas) only since the summer of 2005. since January 1, 2006, the Federal Network Agency is also responsible for the monitoring of access to railway infrastructure and contributes therefore the full name of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways.

In terms of rail regulation, the Federal Network Agency with their work meets the requirements for which the result:

  • Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification
  • Council Directive 1991/440/EWG of 29 July 1991 on the development of the Community's railways (91/440/EEC )
  • The General Railway Act ( AEG)
  • The Regulation on the non-discriminatory access to rail infrastructure and on the principles for the collection of compensation for the use of railway infrastructure ( Railway Infrastructure Usage Regulations - EIBV ).

Switzerland

For electricity networks regulates in Switzerland, the Electricity Supply Act to network access. Competent regulatory authority is the Electricity Commission.

In the field of railways, the regulated railway law network access has been operating since 1999. He leans in the design largely to the European law on and with the land transport agreement between Switzerland and the European Community, the validity of the rules for cross -border traffic to Switzerland was extended.

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