Clifford Chance

Telecoms

A novel approach to fibre network access regulation in the Netherlands

The Dutch Authority for Consumers and Markets – the ACM – recently took a novel approach to the regulation of wholesale access to fibre-to-the-home networks in the Netherlands. Side-stepping the normal route for imposing network access obligations under the Dutch Telecommunications Act (explained in further detail below), the ACM decided to accept an offer by the incumbent telecoms operator KPN and its joint venture affiliate Glaspoort to lower the rates for access to their respective fibre networks and to improve certain other access conditions. In a decision of 26 August 2022 (only available in Dutch), the ACM declared the access rates and conditions proposed by KPN and Glaspoort binding on both parties for a period of 8 years.