4. promoting competition. NGAs must have guaranteed service availability and quality (e.g. through an SLA). Transfer speed is determined as the real data transfer rate, which is measured between the network termination points. These are understood to be on the one side the point of connection of the NGN to the public Internet, and on the other side the end point of the NGA to which the user connects. The value achieved as the proportion of the volume of data transferred between the network termination points and the time required for the transfer of this volume of data is considered the real transfer speed. Due to the character of data communication, the transfer speed may fluctuate over time. At a connection of electronic communications networks constructed with public aid, however, the condition of a real transfer speed of 30 Mbit/s, respectively 100 Mbit/s in the direction towards the user, must be met while, however, any eventual temporary fall must not be – depending on the character of use of the connection electronic communications – larger than the usual fluctuation due to traffic on an IP network. A similar measuring procedure for NGAs will be determined in the methodology prepared by the CTO in cooperation with the MIT, which will form part of the documentation within the framework of OP EIC calls27. 3.3 Requirements for NGAs that will receive protection NGAs that will receive protection for existing private investments from the activity of an investor that is a beneficiary of public aid for construction of a new NGA, are understood to be high-speed networks that meet the following conditions: 1. 2. 3. An existing network or a network whose construction is planned in the specific location in the next three years. That provide the end user with a reliable high-speed Internet connection with a real transmission rate at least 30 Mbit/s in the direction towards the user. That guarantee service availability and quality. The assessment as to whether the network (according to the points 1 and 2 above) is one that will receive protection is based on the Electronic Collection of Geographic Data process carried out by the Czech Telecommunication Office in 2016, when according to the data indicated by the respective enterprise in electronic communications, the subsidy provider labels such network infrastructure as one that permits the provision to the end user of Internet access with a transfer speed of at least 30 Mbit/s in the direction towards the user. In accordance with the contract to collect geographic data, these are in particular network solutions like FTTH, FTTB, FTTCab, xDSL, CATV and wireless networks, and potentially other equivalent technologies. The model examples, including indicative parameters, for determining the conditions for the protection of existing NGAs with model examples of indicative parameters have been prepared by the CTO and are presented in the Geographic Data Collection material, which forms part of the Electronic Data Collection for 2015. 27 Other requirements for NGA quality, as well as the binding methodology, method and conditions for checking real compliance with the required parameters, the stipulation of an availability guarantee, the requisites of the wholesale offer and the related conditions, will be published in additional documents in connection with the implementation of the subsidy mechanism in particular of specific objective 4.1 of the OP EIC, respectively Support Programme “High-speed Internet”. 14

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