T-Mobile loses summary proceedings against KPN about migrating customers from copper to glass – IT Pro – News

T-Mobile has lost the summary proceedings against KPN about the transfer of customers on the copper network to fiber optic. KPN will switch off its copper network where there is also glass and customers will have to be migrated, but T-Mobile believes that KPN is moving too fast.

KPN made its plans in February of 2020 publicly known. The telco said it plans to shut down the copper network for 2.4 million addresses on January 1, 2023; all those addresses already have a fiber optic connection or will have one by then. It will also no longer be possible to take out a new internet subscription to that copper network from 1 January 2022 at those addresses.

T-Mobile is a wholesale customer at KPN. Where T-Mobile itself does not have a copper or fiber network, it uses KPN’s for a fee. T-Mobile argued at the time of the commencement of the preliminary injunction proceedings, in September, that it does not have enough time in the above schedule to migrate its own customers and that T-Mobile has higher costs on KPN’s fiber networks. T-Mobile therefore wants a 2 year postponement enforce through the courts. KPN believes it has reported the steps on time.

The judge judges according to Telecompaper that T-Mobile has not properly substantiated why it is not feasible for the company to transfer its customers within KPN’s time frame. The court also finds that the claim that contracting parties of T-Mobile, such as emergency centers and vital government services, require the company to also supply copper lines after January 1, 2022, is not sufficiently substantiated. T-Mobile mentions an amount of 250 euros in migration costs per consumer line, but the judge states that this is not substantiated by the company.

T-Mobile also wanted KPN to wait with the migration until the ACM came up with a new market analysis, which will be published before the end of the year, according to Telecompaper. In that analysis, KPN’s possible significant market power is established, which would have consequences for KPN’s wholesale tariffs. The judge did not agree to this because ACM could decide not to intervene at KPN.

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