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A request for resolving a dispute concerning a GibFibre Ltd (“GibFibre”) request for access in the form of a Wholesale Leased Line (“WLL”) to customers located at a data centre in Mount Pleasant, Gibraltar.

Details of Dispute

On 11th August 2008, the Gibraltar Regulatory Authority (the “GRA”) published Decision Notice No. 04/08 on Wholesale Fixed Markets. The GRA found Gibtelecom to have Significant Market Power (“SMP”) in the relevant market, namely; “Wholesale terminating segments of leased lines, irrespective of the technology used to provide leased or dedicated capacity”. Consequently, SMP obligations of Transparency, Non-Discrimination, Accounting Separation, Access and Price Control and Cost Accounting in this market were imposed on Gibtelecom.

GibFibre, an authorised person under the Communications Act 2006 (the “Act”), has provided information which appears to show that Gibtelecom is in breach of its SMP obligations by not granting GibFibre WLL services. GibFibre has requested access to the equipment of high data-consumption entities which are hosted in a data centre located at Mount Pleasant (the “Data Centre”). The Data Centre is operated by Rockolo Limited (a wholly-owned subsidiary of Gibtelecom).

After examining the evidence it has received, the GRA is of the view that commercial negotiations between the parties have failed.

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