Functional Separation

Swedish Government today propose new legislation on functional separation. For example Computer Sweden and Ny Teknik writes about it.

The proposal gives ability for PTS (the regulator) to force a dominant player regarding copper access network to separate the copper access network from other services. This is a proposal that is very similar to what is already happening in the UK.

I think this proposal is good, but unfortunate it is locked to copper access. They could as well say they wanted the incumbent TeliaSonera to do the right thing and concentrate on what that implies. If the legislation was to be more effective it should have been more technology neutral and talk about dominant owners of passive infrastructure. Then they could have merged this legislation with the already quite effective requirement on share radio towers. And included ability to force owners of fiber networks to sell the product “dark fiber” on the market.