ACM mandates Aegon to accept joint use of antenna site on its building in Alphen aan den Rijn
The Netherlands Authority for Consumers and Markets (ACM) has handed down a decision in a dispute between Dutch telecom operator Vodafone and Dutch insurance company Aegon about the joint use of an antenna site on top of a residential building owned by Aegon in the western Dutch city of Alphen aan de Rijn. ACM decided that Aegon is required to agree to the joint use under market-based and non-discriminatory conditions and fees. This is the first time after the revision of the Dutch Telecommunications Act (Tw) that ACM uses its power to settle these types of disputes. ACM finds it important that sufficient antenna sites exist and continue to exist in order to safeguard solid network coverage.
Telecom operators, including Vodafone, have already used the rooftop of Aegon’s building as an antenna site for some time now, but Aegon and Vodafone had failed to reach an agreement on the conditions and fees for a new agreement. Vodafone subsequently asked ACM to use its power of dispute settlement regarding joint use, which ACM has had since the revision of the Tw on 2 March 2022.
Conditions and fees regarding joint use
In this dispute, ACM decided that, in this specific situation and at this specific location, Aegon must comply with the requirements laid down in the Tw. In its decision, ACM determined how the conditions in an agreement need to be worked out, and how the amount of the annual fee needs to be set. The conditions and the fee under which the joint use takes place must be reasonable and non-discriminatory. This means that Aegon must apply the same, market-based conditions and rates to all market participants that file a reasonable request for joint use of the facility. The fixed annual fee set by ACM (which ACM does not publish in connection with sensitive business information) can be adjusted each year on the basis of the consumer price index. Extra costs can be passed on if they can be directly attributed to that specific request. It has also been included in the decision what conditions for, among other aspects, network technology, length and termination of the agreement, exposure limits, and liability, ACM deems reasonable in this specific case.
Background
In order to be able to make calls, surf, and stream everywhere, antenna sites are located all over the Netherlands, for example next to rail tracks or highways, but also on rooftops. At the moment, there are over 16,000 antenna sites (external website) (in Dutch) for mobile communication in the Netherlands. The Netherlands is one of the countries with the best mobile networks in the world. As demand for mobile communication services increases, so does demand for antenna sites. ACM emphasizes the importance of having sufficient antenna sites. This is needed for safeguarding solid network coverage, now and in the future. In the case of local problems, telecom operators can file a request for dispute settlement (in Dutch) with ACM. This was the first case that had been filed with ACM. As of yet, no other requests have been filed with ACM for dispute settlement regarding joint use of antenna sites.