Binding measures BCA investigation

Draden glasvezel

Fibre-optic networks are communication networks that use fibre-optic cables to transmit data at high speed. They are the networks of the future. Laying them is crucial for both Europe's digital strategy and the development of its economy and society.

Thanks to its high stability, a fibre-optic connection is not only a lot more reliable than 'traditional' networks, but also allows data to be downloaded and uploaded at the same speed.
Fluvius and Telenet have entered into a binding agreement to jointly create the independent and self-sufficient infrastructure company Wyre.
Wyre operates an open network and provides network access to Telenet as well as other operators through wholesale agreements (whereby other telecom players provide their own services directly to their customers over the network).
On 17 June 2022, the Belgian Competition Authority (BCA) announced that a formal investigation had been opened into alleged distortions of competition during the roll-out of fibre-optic networks in Flanders. Fluvius and Telenet offered their full and constructive cooperation in the context of this investigation. Although Fluvius believes the allegations are unjustified, the company has nevertheless taken precautionary measures to address the concerns raised by the BCA.

Overview of the measures

  • Internal safeguards and processes to prevent information on the roll-out of networks by Fluvius, being shared with Wyre
  • With the exception of non-exhaustively listed circumstances, including GIPOD, VRN (Flemish Council of Network Operators) or coordination meetings with municipalities and utilities
  • Communication to cities and municipalities regarding the importance of a level playing field in rolling out fibre-optic networks. You can access these communications here
  • Recurrent communication to cities and municipalities every year, as well as submitting (annually) to board of directors and shareholders' meeting of Fluvius and the mandated associations
  • Continuous compliance, in good faith, and application of GIPOD decree and Code Nuts
  • Annual compliance and information training on GIPOD and Code Nuts for employees who come into contact with them
  • Central point of contact for third parties in the event of questions/problems regarding the application of GIPOD and Code Nuts by Fluvius available at [email protected]

Supervisory Auditor

  • Responsible for monitoring compliance and implementation of these measures
  • A Fluvius employee, member of the audit department, with separate and direct line of reporting to the chairman of the Audit Committee
  • Performs their duties independently of other business units of Fluvius
  • Reports annually to the BCA

These binding measures are envisaged for a period of 7 years.