The 1999 Communications Review

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The 1999 Communications Review
EUROPEAN COMMISSION

• Peter Scott
• DG Information Society Brussels

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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...
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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

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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)
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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

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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)

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DECREASING REGULATION AS COMPETITION INCREASES
Degree of regulation
Degree of competition
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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

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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)

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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

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LINKING REGULATION TO MARKET POWER
Dominant position
Degree of regulation
Significant market power
Neither
Market power
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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)

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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

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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

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A framework for regulation for interconnection
and access
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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)

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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

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USER AND CONSUMER INTERESTS

• update telecoms data protection and privacy
  directive
• make caller location mandatory for all emergency
  lt112gt 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 ?

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NUMBERING, NAMING AND ADDRESSING

• support for ICANN as the forum for internet
  naming and addressing
• strengthen European co-ordination in
  international bodies
• keep under review issues of inter-operability,
  including inter-operability of national IN number
  databases
• extend operator number portability to mobile
  users

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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

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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

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THE 1999 REVIEW

• Information at
• http//www.ispo.cec.be/infosoc/telecompolicy/revi
  ew99/
• Comments to
• 99 review_at_cec.eu.int