Network access
Network access (also open access period) is the task of ensuring non-discriminatory access to infrastructure , which is known as a natural monopoly illustrate how telephone cable networks , cable TV networks , power grids , gas networks and rail networks . These networks represent a natural monopoly because it would not be worthwhile for any other telephone provider, electricity provider, gas provider or transport provider to build their own network in addition to the existing network. For this reason, the owners of the networks must make them accessible to all other interested parties. The conditions for this access must be the same for all users of the networks; it may u. a. do not give price discrimination . The owners of the networks must not be in a better (or worse) position than any other interested party. If this is guaranteed, the network access is "non-discriminatory".
Germany
There are special access rules and conditions for each type of network. Different laws must also be applied in each case. Access to telecommunications networks is regulated in Germany by the Telecommunications Act (TKG). The Energy Industry Act in the version of July 2005 created a new basis for access to the energy supply networks . The Postal Act regulates the possibility of providing postal services in competition. In the case of rail networks, network access provides access to the railway infrastructure and services through route usage rights .
The aim of all of these laws is to open the services that depend on the networks to competition (“competition in the networks”).
The Federal Network Agency , at that time still under the name “Regulatory Authority for Post and Telecommunications”, has been responsible for post and telecommunications for several years; for energy regulation (electricity and gas) only since summer 2005. Since January 1, 2006 , the Federal Network Agency has also been responsible for monitoring access to the railway infrastructure and therefore bears the full name of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways .
With regard to rail regulation, the Federal Network Agency fulfills the requirements that result from:
- of Directive 2001/14 / EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification
- Council Directive 1991/440 / EEC of 29 July 1991 on the development of the Community's railways (91/440 / EEC)
- the General Railway Act (AEG)
- the Railway Regulation Act .
Switzerland
For electricity networks in governing Switzerland the Electricity Supply Act free network access. The responsible regulatory authority is the Electricity Commission .
In the rail sector, the network access regulated in the Railways Act has been in operation since 1999. Its design is largely based on European law, and the land transport agreement between Switzerland and the European Community extended the validity of the rules for cross-border traffic to Switzerland.