Review of BEREC Common Positions Stage 1: high level principles on issues of non-discrimination

1. Review of BEREC Common Positions Stage 1: high level principles on issues of non-discrimination Public workshop Brussels , 15 March 2012 Lara Stoimenova – Remedies EWG Chair

2. Objectives of today • BEREC published a consultation on high level principles on issues of non-discrimination Closing date 30 March 2012 • An opportunity for stakeholders to ask questions of clarification provide initial comments/reactions

3. Objectives for this presentation • Key focus for BEREC is the review and update of the three Common Positions (CPs) Wholesale unbundled access Wholesale broadband access Wholesale leased lines • Update on scope and process of the review • Summarise consultation proposals and discussion

4. Scope of the review • NRAs need to take utmost account of BEREC CPs • BEREC CPs to be updated in order to make them more clear and concrete take on board new best practice • Key areas of update include issues relating to non-discrimination access, including issues relating to NGA pricing

5. The review process

6. High level principles on non-discrimination • High level principles with no in-built exclusions Deviations will need to be objectively justified Some flexibility to reflect national circumstances These principles will in due course be included in the amended BEREC CPs

7. High level principles on non-discrimination (2) • Focus on non-price (behavioural) discrimination • High level non-discrimination principles to achieve four key objectives Creation of a level playing field Avoidance of unjustified first mover advantage Provision of access products of reasonable quality Provision of efficient wholesale switching processes

8. Level playing field • NRAs should • Principle 1 ...impose a general obligation of non-discrimination • Principle 2 ....clarify how the non-discrimination obligation is to be interpreted on a case-by-case basis • Principle 3 ...whether or not to impose equivalence,..., the exact form of it, in light of the competition problems they have identified. • Principle 4 ...imposing functional separation only when all other regulatory obligations have failed .... DISCUSSION

9. Avoidance of unjustified first mover advantage • NRAs should • Principle 5 ... (technical and economic) replicability of the new downstream services introduced by the SMP player • Principle 6 ... timely availability of relevant (technical) information according to lead times defined on a case-by-case basis • Principle 7 ...alternative operators... influence ...characteristics of new wholesale products... • Principle 8 ...the SMP player in relation to lead times regarding the removal of existing wholesale inputs DISCUSSION

10. Provision of products of reasonable quality • NRAs should • Principle 9 ... SMP player is required to provide a reasonable defined level of service • Principle 10 ... on the SMP player to provide SLGs • Principle 11 ... a generic requirement on the SMP player to provide KPIs as a means to monitor compliance with a non-discrimination obligation ... DISCUSSION

11. Provision of efficient wholesale switching processes • NRAs should • Principle 12 ... obligations on the SMP player in order wholesale switching processes are speedy and efficient • ...maximum allowed downtime ...is the lowest possible • ...the price of the switch does not act as a barrier... • ...specific measures to facilitate bulk...switching... • ...bulk wholesale switching is non-discriminatory... • ...continued availability of the old wholesale product... • ...SMP player to introduce SLAs/SLGs and KPIs... DISCUSSION

12. Conclusions • We hope to have answered all of your questions • Closing date of consultation 30 March 2012 • Looking forward to your replies THANK YOU