The 1999 communications review
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EUROPEAN COMMISSION. The 1999 Communications Review. Peter Scott DG Information Society Brussels. Liberalis- ation: experience, 5th report. Globalis- ation: alliances, WTO. Convergence Green Paper. Spectrum Green Paper. The 1999 Review. Markets: data, internet, mobile, new

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The 1999 Communications Review

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The 1999 communications review

EUROPEAN COMMISSION

The 1999 Communications Review

Peter Scott

DG Information Society Brussels


The 1999 communications review

Liberalis-

ation:

experience,

5th report

Globalis-

ation:

alliances,

WTO...

Convergence

Green Paper

Spectrum

Green Paper

The 1999 Review

Markets:

data, internet,

mobile, new

services, DVB,

e-commerce...

Technology:

digitisation,

wireless,

satellite, fibre

optics,

compression...


Policy objectives

POLICY OBJECTIVES

  • To promote and sustain a competitive European market for communications services

  • To benefit the European citizen

  • To consolidate the internal market in a convergent environment


Communications infrastructure and associated services

Communications infrastructure and associated services

Services provided over networks (outside scope of 1999 Review)

Communications & access services (eg telecoms or conditional access services)

Communications infrastructure (networks and associated facilities)


Future regulatory framework

FUTURE REGULATORY FRAMEWORK

  • EU legislation to set out principles, not details; aim is to be technologically neutral

  • Regulation to be responsive to market conditions; more reliance on ‘soft’ law

  • Consolidation, simplification and clarification of the legal framework- mixture of sector-specific and competition rules


Future directives

Future Directives

Five EP and Council Directives

  • Framework Directive

  • Universal service Directive

  • Licensing Directive

  • Access and interconnection Directive

  • Data protection Directive

    One Commission Directive (Art 86)


Decreasing regulation as competition increases

DECREASING REGULATION AS COMPETITION INCREASES

Degree of regulation

Degree of competition


Areas for public comment

AREAS FOR PUBLIC COMMENT

  • licensing and authorisations

  • access and interconnection

  • management of radio spectrum

  • universal service

  • user and consumer interests

  • naming, numbering and addressing

  • competition aspects

  • institutional issues


Licensing and authorisations

LICENSING AND AUTHORISATIONS

  • coherent approach to all communications networks (eg no specific rules for internet)

  • greater use of general authorisations

  • specific authorisations reserved for assignment of spectrum and numbers

  • restricted range of supplementary conditions that may be imposed

  • fees to cover only justified and relevant administrative costs (EU guidelines)


Access and interconnection

ACCESS AND INTERCONNECTION

  • Identify markets or market segments where competition is not effective

  • Impose obligations for access or interconnection linked to market power

  • Remove obligations when competition becomes effective


Linking regulation to market power

LINKING REGULATION TO MARKET POWER

Dominant position

Degree of regulation

Significant market power

Neither

Market power


Access issues

ACCESS ISSUES

  • access to the local loop (local loop unbundling)

  • access to cable TV networks or satellite systems,

  • access to mobile network infrastructures (MVNOs)

  • access to IN functionality of fixed and mobile networks

  • access to broadband networks

  • access for ISPs to cable TV networks

  • access to set-top boxes, electronic program guides (EPGs), and application program interfaces (APIs)


Market power

MARKET POWER

  • dynamic definition of relevant markets

  • relevant markets to be defined by EC and national regulatory authorities (NRAs), in coordination with competition authorities

  • NRAs to decide which market players have a dominant position or significant market power (SMP) on those markets

  • periodic review of markets and players


Access and interconnection1

ACCESS AND INTERCONNECTION

  • threshold for cost orientation and non-discrimination raised to ‘dominant position’, instead of significant market power (SMP)

  • SMP operators to have an ‘obligation to negotiate’ access, at commercial prices

  • NRAs to intervene in case of dispute

  • SMP mobile operators to offer carrier selection


A framework for regulation for interconnection and access

A framework for regulation for interconnection and access


Management of radio spectrum

MANAGEMENT OF RADIO SPECTRUM

  • encourage effective use of radio spectrum (eg pricing, auctions), taking into account general interest principles

  • spectrum trading to be possible (decided at national level)

  • new mechanisms to address cross-sectoral and pan European aspects (including a radio spectrum policy expert group)


Universal service

UNIVERSAL SERVICE

  • maintain current definition and scope (ie access to the fixed public telephone network and provision of a good quality telephone service)

  • allow for periodic review and possible extension of scope

  • encourage more use of ‘pay or play’

  • EC to publish pricing principles to ensure affordability


User and consumer interests

USER AND CONSUMER INTERESTS

  • update telecoms data protection and privacy directive

  • make caller location mandatory for all emergency <112> calls

  • strengthen provisions on complaint handling, dispute resolution and tariff transparency for consumers

  • suppliers to publish quality-of-service information, under NRA supervision

  • Leased line Directive ?


European co ordination

EUROPEAN CO-ORDINATION

  • European regulatory authority not seen to be justified

  • New Communications Committee, chaired by EC, which could vote on positions to be made binding for Member States(replacing ONP and Licensing committees)

  • New High level Communications Group of NRAs and EC, to facilitate consistent application of EU rules by NRAs


Commission timetable 2000

COMMISSION TIMETABLE 2000

  • 15 February - end of public consultation

  • April- publication of Report on consultation

  • April- publication of Recommendation on access to local loop

  • 2 May - Telecom Council

  • end May - submission to EP and Council of proposals for new Directives


The 1999 review

THE 1999 REVIEW

  • Information at:

    http://www.ispo.cec.be/infosoc/telecompolicy/review99/

  • Comments to:

    99 [email protected]


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