1 / 14

New European Directives :

New European Directives :. Impact on regulation : New legal approach Impact on market Stimulation of network and service-investment ?. Why new Directives ?. Important question : orientation for NRA’S POLICY Former (ONP) automatism superseded

kane-dale
Download Presentation

New European Directives :

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. New European Directives : • Impact on regulation : New legal approach • Impact on market Stimulation of network and service-investment ?

  2. Why new Directives ? Important question : orientation for NRA’S POLICY • Former (ONP) automatism superseded • Better adaptation to “multifunctional technologies” • Convergence (multimedia) • Harmonisation (ERG)

  3. BUT MAINLY : • Stimulating investment (major EU concern) • More flexible approach : only regulate where and if necessary • Objective : eventually only competition law (EU optimism)

  4. Method ? Is paradoxical : flexible regulation is the objective complex analyses are the method Indeed, 3 steps : market definitions market analyses imposing/not imposing regulation

  5. Analysis is done by applying competition concepts in the first two steps. • Market definitions : European Recommendation 18 markets ! (Including BROADCASTING) • Based on apportionment formulas (national, international, fixed, mobile, IC, Retail/Wholesale…) • Possibly : geographic division per Member state !

  6. Second step : market analysis • Does competition work ? • Or is there dominance ? • Joint-dominance ? Not only market share as criterion !

  7. If necessary : “REMEDIES” (ERG paper) • 5 kinds, going from SOFT to HARD • Can be combined (if necessary) • Transparency and Non-discrimination Accounting Separation Cost Orientation Access Obligation No cross-subsidisation

  8. But always : • Technology-neutrality • Stimulate Investments so concepts of : • “emerging markets” • Replicability” • Only ex ante regulation if necessary • Possibly impose rules on non-dominant players • Consultations

  9. Conclusion : • First steps will be important, delicate and time-consuming • (before finalisation : the old rules continue to be applied) • Risks of lack of transparency – coherence – stability • Risk of multiple “legal cases”

  10. All this must support the market and technological evolutions Especially : • 3th generation mobile • Other markets : VDSL cable-broadband FTTH WLL Hotspots (emerging ?)

  11. But, MAJOR SHIFT TO EXPECT : From VOICE to DATA : mails VOIP/IP telephony In context where there is already substitution PSTN/MOBILE

  12. IMPACT ON : • new challenges for regulation • MORE IMPORTANT : • revenues fixed line operators • profit for customers • changes in interconnection approach • towards different access approach • stimulus for services / content development

  13. Some other concerns • sustainable competition : balance short term / long term • efficiency in source-resource management (frequencies – numbering) : dynamic policy • consumer protection : universal service police control – price caps

  14. Accounting and costing principles • Possible abuses : • excessive prices • margin squeeze / predatory prices • unfair discrimination • Needs : • SMP operators : transparent costing processes ensuring cost orientation • NRA : evidence of regulatory policing

More Related