The Swiss federal administrative court has confirmed precautionary measures ordered by the competition commission (ComCo) against Swisscom for abusing its dominant position with regards to fibre expansion.
ComCo prohibited Swisscom from pursuing its network expansion until the conclusion of the investigation unless it could ensure Layer 1 access. Swisscom wanted to pursue its fibre expansion strategy by using a new technology based on a single-fibre model with a tree structure, or P2MP, point-to-multipoint topology. But this technology deviates from the fibre-optic standard applied so far, agreed between 2008 and 2012 by the telecommunications companies in the framework of the round table on fibre-optic networks launched under the aegis of the Federal Communications Commission and the Federal Office of Communications, the court said.
The existing standard relies on a four-fibre model with a starlike structure, or P2P, point-to-point topology, in which four separate optical fibre are laid from the connection centre to the end consumer's connection point. This ensures an open competitive matrix with what is known as "Layer 1 access" that offers competitors access to a separate optical fibre. This system ultimately ensures non-discriminatory and non-monopolistic access to the fibre-optic network.
Swisscom greatly regrets the decision of the court, it said in a statement, adding that the point-to-multipoint architecture for the expansion is based on a successful international model. The company appealed the initial ruling of the Federal Administrative Court, requesting that the precautionary measure be lifted in its entirety. The latest judgment may be appealed to the Federal Supreme Court.
