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. Termination points 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. Due to the character of data communication, the transfer speed may fluctuate over time, 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 calls relating to specific objective 4.1 of the OP EIC. 3.4 Protection for other network levels Within the logical structure of NGNs presented in Annex No 1, the backhaul part of the network, which provides the connection to the backbone network level, is considered to be a part of NGA access network as well as the distribution and subscriber part. For this reason, similar rules also apply to the construction of a backhaul network, for example the possibility of public aid and the obligation to enable the sharing of the subsidised network in the form of wholesale offers with other network and service operators. In connection with this, it is of course necessary to answer the question of the protection of such a network that was constructed or is to be constructed in the defined area. If backhaul or distribution NGAs were constructed without State aid and do not belong to the network operator to which the obligation of regulation and the obligation of access apply, the operation is not burdened by obligations relating to subsidy rules. However, they are also not protected beyond the framework of the Act on Electronic Communications. This applies generally, as the protection of NGAs indicated in the preceding chapter applies to the protection of current private investments from the activity by the investor who is the beneficiary of the public aid to construct new NGA networks. The construction of new NGAs (and the modernisation of existing ones) may receive State aid only if the result is the option to provide functioning high-speed Internet access for the end user. This also opens up the possibility of secondary protection for backhaul and distribution NGAs already existing in the area in the form of a commercial commitment by the aid beneficiary that it will use – for the construction (modernisation) of its NGAs – an existing optical network if its use is offered to it by its current operator/owner and both entities agree on the conditions for its use. Although public aid for the construction of a backhaul network as part of an access network will only be provided in essential cases, rules will be determined for drawing public funds envisaging the highest possible level of protection for these networks in accordance with EU Guidelines. To use the subsidy to construct a backhaul network will be only possible under the condition that there is no useable backhaul network in the defined intervention area (including affordability) with sufficient capacity and an available access point and that no such network is planned to be built in the next three years. The subsidy programme administrator will include special regulation in this area applying in particular to eligible costs, the project assessment criteria and the transparency of the whole implementation process into the guidelines for the aid beneficiary or other documents that form part of the call. Furthermore, it will be necessary to make inquiries during public 15