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03.10.2024 | 🇳🇱 Dutch competition authority
The ACM resolved a dispute between Vodafone and Aegon concerning the joint use of an antenna site on top of a building owned by Aegon in Alphen aan den Rijn. Aegon is now obligated to agree to joint use under fair and non-discriminatory terms, as per the Dutch Telecommunications Act.
Telecom operators, including Vodafone, had been using Aegon's rooftop as an antenna site, but failed to reach an agreement on conditions and fees for a new deal. ACM intervened for the first time post the revision of the Telecommunications Act, ensuring fair terms for joint use.
ACM specified the requirements for the agreement, including setting a reasonable annual fee that can be adjusted annually based on the consumer price index. Extra costs directly related to the request for joint use can also be passed on. The decision outlines conditions for network technology, agreement length, exposure limits, and liability.
Antenna sites are crucial for mobile network coverage in the Netherlands, with over 16,000 sites across the country. As demand for mobile services rises, the need for antenna sites increases. ACM stresses the importance of having an adequate number of antenna sites to ensure robust network coverage, allowing telecom operators to request dispute settlement in case of issues.
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