The Agency for Communication Networks and Services of the Republic of Slovenia is publishing a draft of the amended and supplemented Recommendation on the shared use of physical infrastructure. The main purpose of the Recommendation is to contribute to the removal of barriers and the simplification of procedures in the provision of high-capacity electronic communications networks and associated facilities, and to promote their construction and development.
The Agency has updated the Recommendation in response to the requirements arising from the Gigabit Infrastructure Act (Regulation (EU) 2024/1309 of the European Parliament and of the Council of 29 April 2024 on measures to reduce the costs of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61/EU (Official Journal of the EU L, No 2024/1309), and on the basis of the needs and issues that have arisen in practice in the implementation of the shared use of physical infrastructure. The purpose of the Recommendation is to contribute to reducing barriers to the provision of electronic communications networks and to promote their construction and development. The Recommendation is not binding.
The amended and supplemented Recommendation sets out in greater detail the recommended conduct of physical infrastructure owners and network operators when implementing the right of access. Among other things, the Agency emphasises the importance of negotiations in good faith, transparency and equal treatment, and recommends the preparation of reference offers with pre-determined and publicly available fair, reasonable and non-discriminatory terms and conditions for access to infrastructure. An integral part of the Recommendation is also a proposal for a Reference Offer for access to physical infrastructure.
A significant part of the amendments to the Recommendation relates to the methodology for setting prices for access to physical infrastructure. The Agency recommends the LRIC+ approach, based on the HCA cost model, and the use of the applicable WACC for a hypothetical efficient operator of an NGA network at a fixed location as the appropriate methodology. The Recommendation also addresses in more detail the consideration of the potential impact of access on the infrastructure owner’s business plan and the method for calculating this impact.
The amendments also relate to the grounds for refusing access, with the Agency recommending that, in the event of a refusal, the infrastructure owner explicitly state a reason that is consistent with the Gigabit Infrastructure Act. Other grounds for refusal are not admissible.
At the same time, the recommendation regulates in greater detail issues relating to easement agreements, lease terms, access for infrastructure maintenance, any additional costs and the monitoring of the recommendation’s implementation.
Through this public consultation, the Agency wishes to gather comments, proposals and amendments from the interested public, thereby further scrutinising the proposed solutions.
The Agency invites the interested public to submit comments, proposals or amendments to the draft recommendation by 3 November 2026 inclusive to the email address info.box@akos-rs.si, please ensure you quote reference number 3827-2/2026/1.
