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Passive access meaning

What does Passive access mean?
Passive access describes wholesale network access to physical infrastructure (civils and unlit elements) without active electronics supplied by the access provider. It gives the purchasing operator direct use of ducts, poles, chambers, mast space, building entries and unlit capacity such as dark fibre or unbundled copper pairs, so the purchaser installs and operates its own active equipment. In the UK and Ireland, the term is commonly used in regulation and wholesale contracts rather than primary legislation. Ofcom (UK) and ComReg (Ireland) impose significant market power (SMP) access remedies requiring physical infrastructure access (PIA/duct and pole access) and local loop unbundling; in some markets dark fibre obligations have applied. Definitions are set in regulatory decisions, reference offers and access conditions. Practically, passive access enables network build and competition by reducing civil works, supporting fibre rollout and leased line backhaul, and carries obligations on pricing, non-discrimination, co-location, and operational processes. Usage and scope are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland; exact product scopes and naming derive from local decisions (e.g., Openreach PIA in the UK; duct and pole access under ComReg decisions in Ireland). Passive access contrasts with active access products such as bitstream or VULA.
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NEWS
EU Horizontal Cooperation Guidelines on telecoms network sharing: inclusion of geographic segmentation, key assessment factors and independence requirements, no safe harbours, and heightened scrutiny of active sharing and spectrum pooling

On 1 June 2023, the European Commission released a refreshed HCG to give clearer guidance to rivals seeking to collaborate, including areas not covered by the 2012 HCG. A new strand targets the telecommunications sector and examines network sharing agreements (NSAs). This analysis outlines the core points of the update and its implications for the telecommunications industry. Types of cooperation covered by the new guidance Cooperation between competitors is central to the telecommunications industry, as operators rely on one another to secure seamless connectivity between networks and often work together to extend coverage and raise service quality. NSAs are among the most common collaboration models in mobile telecommunications. They typically entail the joint deployment and sharing of mobile network infrastructure and, at times, frequency bands between mobile network operators (MNOs). NSAs range from simpler cooperation, such as sharing passive network infrastructure (masts, cabinets, antennas, or power supplies), to more advanced arrangements that involve sharing Radio Access Network (RAN) equipment at sites (active sharing) and spectrum pooling across the...

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View the related Practice Notes about Passive access

PRACTICE NOTES
EU Geo-blocking Regulation: scope, access and pricing prohibitions, payment discrimination, passive sales, enforcement, and post-Brexit considerations for UK businesses trading with EU customers

This Practice Note reviews the principal provisions and the measures businesses should adopt to comply with the EU Geo-blocking Regulation (also known as the Geoblocking Regulation), and covers: background to geo-blocking and its impact the Regulation’s scope bans on unjustified geo-blocking prohibitions on varying general conditions of access prohibitions on discrimination when accepting payments limits on passive sales confirmation of key commercial areas not affected by the Regulation actions traders should take to achieve compliance enforcement the European Commission’s review of the EU Geo-blocking Regulation Key information EU Geo-blocking Regulation title: Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market, and amending Regulation (EC) No 2006/2004, Regulation (EU) 2017/2394 and Directive 2009/22/EC (EU Geo-blocking Regulation) Amending: ...

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PRACTICE NOTES
UK merger control: CMA conditionally clears Cellnex acquisition of CK Hutchison UK passive tower assets; SLC found; 1,000-site divestiture remedy

CASE HUB Archived This archived case hub sets out the position as at the decision date of 3 March 2022; it is no longer being updated. See also the timeline. Case facts Outline UK merger investigation into the anticipated purchase of the passive infrastructure assets of CK Hutchison Networks Europe Investments S.À R.L in the UK by Cellnex UK Limited. The parties overlap in supplying access to developed macro sites and associated services to wireless communications providers in the UK. Latest developments On 3 March 2022, the CMA published its final report, approving the deal subject to conditions following an in-depth phase 2 investigation. Parties Cellnex UK Limited (Cellnex): Cellnex owns and operates UK sites with passive infrastructure-elevated structures for attaching telecommunications equipment-used by wireless communications providers. Its customers are chiefly mobile network operators (MNOs). Cellnex’s passive infrastructure is also utilised by other communications providers. CK Hutchison group (CK Hutchison): CK Hutchison is a multinational conglomerate based in Hong Kong....

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PRACTICE NOTES
EU Digital Services Act: European Commission enforcement actions tracker—investigations, proceedings, findings, commitments and non-compliance decisions involving very large online platforms and search engines (2023–2026)

This Practice Note monitors enforcement cases concerning Regulation (EU) 2022/2065 on a Single Market for Digital Services, which amends Directive 2000/31/EC (the EU Digital Services Act, or EU DSA). Background In December 2019, within her political guidelines, the President of the Commission, Ursula von der Leyen, pledged to bring forward a new EU DSA to refresh liability and safety standards for digital platforms, services and products. The EU DSA is designed to revise the E-Commerce Directive and, by contrast, to carry a broader scope, taking in facilities such as internet access providers, content delivery networks, search engines, blockchains, and cloud services. While the E-Commerce Directive’s liability safe harbours are expected to remain as a guiding principle, they will be specified and codified in harmony with more recently adopted secondary instruments (including Directive (EU) 2019/790, the DSM Copyright Directive). The notions of active and passive hosting are to be reconsidered against criteria that embody editorial functions, actual knowledge, and the level of control. In 2020, a public consultation was...

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