The Challenges for the Mobile Sector
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The Challenges for the Mobile Sector The European Commission’s perspective Pearse O’Donohue European Commission DG INFSO Implementation of the Regulatory Framework. New Framework - Procedures. 1. Market definition 2. Market Analysis 3. Designation of SMP 4. Obligations

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New Framework - Procedures

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The Challenges for the Mobile SectorThe European Commission’s perspectivePearse O’DonohueEuropean Commission DG INFSOImplementation of the Regulatory Framework

New Framework - Procedures

1. Market definition

2. Market Analysis

3. Designation of SMP

4. Obligations

-Consultation: nationally, other M/S NRAs & Commission

-Possible Commission veto

Different stages of the analysis

  • Relevant Markets - Commission Recommendation

  • product aspect of the market

NRA input

Commission Guidelines

NRA Market definition

taking account of the Commission Recommendation

define geographical aspects

define other product markets, following Art 7 FWD

NRA removes existing obligations - does not impose new obligations

competition is effective

NRA analysis

is competition effective ?

dominance test/SMP designation

NRA designates SMP operator(s) -

maintains or modifies existing obligations, or imposes new obligations

competition not effective

New Framework - guidance

SMP/Dominance Assessment

  • Single:

    • Evolution of market shares

    • Potential competition and barriers to entry

    • Control of essential facilities

  • Joint dominance:

    • “oligopolistic markets the structure of which was considered conductive to coordinated effects”

    • Market characteristics: concentration, transparency, retaliatory mechanisms.

  • Leveraging

Obligations / Remedies

  • Transparency

  • Non-discrimination

  • Accounting Separation

  • Access to, and use of, specific network facilities

  • Price control and cost accounting- cost orientation

  • Other access obligations...

Obligations to be proportionate and based on the problem found

  • Leveraging

    • transparency

    • non-discrimination and accounting separation

    • access to, and use of, specific network elements and associated facilities

  • Prices at an excessively high level or price squeezes

    • price control

    • accounting separation and cost- accounting


Appeals on NRA decisions

  • National legal systems must allow for appeals on NRA decisions

  • Appeal body may be a court or tribunal

  • Merits of the case must be taken into account

Dispute resolution

  • National level

    • resolve in 4 months

    • refer to alternative dispute resolution mechanisms

    • results must be in conformity with the framework

  • Cross-border

    • co-ordination of NRAs concerned to resolve in 4 months

Transposition - Timeline


Date of application in all MS


Entry into force

15 months

M States transpose, but don’t apply

NRAs do market analyses

NRAs - data gathering

  • Market analysis key aspect of new framework

  • need for comprehensive and accurate overview of markets

  • interest and obligation of market players

  • consultation mechanisms

  • possibility of streamlining once systems in place

Mobile Markets

  • Access and call origination on public mobile telephone networks

  • Voice call termination on individual mobile networks

  • The wholesale national market for international roaming on public mobile networks


NRAs may impose obligations to meet reasonable requests for access, including inter alia:- resale- intelligent network services- roaming

Obligations must be proportionate

Effect on competition (short term) and investment (long term)

Number Portability

  • Mobile number portability must be available under new framework

  • Pricing for interconnection related to portability to be cost oriented

  • Charges to subscribers should not act as a disincentive

  • No imposition of retail tariffs that would distort competition


  • Wholesale national market for international roaming targeted

  • Evidence of excessive charges

  • DG COMP sectoral enquiry and specific investigations

  • Introduction of local/national roaming


  • Delays in roll-out

  • Equipment and services

  • License sunk costs

  • Developments in WiFi / RLAN

  • Intermediate market / 2.5G

  • Coordinated measures at EU level

Radio Spectrum

  • Allocation & assignment based on transparent, objective, non-discriminatory & proportionate criteria

  • Auctions & beauty contests permitted

  • Spectrum trading an option for Member States

    two conditions:

    • no distortion of competition

    • no threat to harmonisation

DG Information Society:

Pearse O’DonohueEuropean Commission DG INFSOImplementation of the Regulatory Framework

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