In practice, passive wholesale
access is a wholesale product allowing an alternative communications provider to use the physical transmission medium of an operator with significant
market power (
smp), without any active or electronic components being supplied. Sometimes described as passive infrastructure sharing, it typically covers access to ducts, poles, chambers, sub-ducts,
dark fibre and unbundled local loops (copper or fibre). The access seeker supplies and controls the active equipment and lights the fibre, distinguishing this from active wholesale access (such as bitstream).
The expression is not generally defined in primary legislation, but is used by regulators and in SMP remedies. In the UK, Ofcom may impose physical infrastructure access (PIA), duct and pole access, or dark fibre obligations under the Communications Act 2003 through market review decisions. In Ireland, ComReg can impose comparable wholesale access obligations under the European Electronic Communications Code as transposed. Usage and effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Key legal features include regulation by a reference offer, non-discrimination, cost-oriented pricing or charge controls, service levels, co-location, maintenance and technical standards. Passive wholesale access is significant for competitive entry, backhaul and fibre roll-out, and for avoiding inefficient network duplication.