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The EU Regulatory Framework for electronic communications

The EU Regulatory Framework for electronic communications. by Stephan Polster 6th AIJA Winter Seminar January 2005. EU Telecommunications Policy 1987-1998. Objectives Gradual opening of telecommunications markets to competition Creation of a harmonized framework in the Member States

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The EU Regulatory Framework for electronic communications

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  1. The EU Regulatory Framework for electronic communications by Stephan Polster 6th AIJA Winter Seminar January 2005

  2. EU Telecommunications Policy 1987-1998 • Objectives • Gradual opening of telecommunications markets to competition • Creation of a harmonized framework in the Member States • Liberalization measures • 1988 Terminal equipment • 1990 Value added services • 1994 Satellite communications • 1995 Cable television networks • 1996 Mobile communications • 1998 Voice and infrastructure

  3. Why a new regulatory framework? • Convergence • Technologically neutral regulation of all net-works and services in electronic communications • Transition to competition law Bringing telecoms regulation more into line with general competition law principles, in order to facilitate the transition to a deregulated environ-ment. • Increased harmonization Ensuring coherent regulatory environment within the Single Market

  4. The new Regulatory Framework • Framework Directive • Authorization Directive • Access & Interconnection Directive • Users‘ Rights Directive • Data Protection Directive • Liberalization Directive • Spectrum Decision

  5. Framework Directive • Market analysis • Market definition • Assessment of SMP • Imposition of Remedies • NRA independence, powers, appeals • Frequency Management • Spectrum trading

  6. Framework Directive • Cooperation and consultation procedure • NRAs have to consult nationally • NRAs have to consult other NRAs and the Commission • Commission has the right to veto draft implementation measures regarding market definition and assessment of SMP • Collocation and facility sharing • Commercial negotiation, or NRA inter-vention

  7. Authorization Directive • Old framework: Mainly individual licenses, in particular for voice telephony services • New framework: General authorization Individual licenses only for rights-of-use of frequencies or numbers; open, non-discriminatory, proportionate and transparent procedures Admissible conditions Rapid procedures, rules on administrative charges

  8. Access Directive • Aims to stimulate infrastructure competition and the inter-operability of services provided over those infrastructures • Rights and obligations to interconnect public communications networks (also for non-SMP operators)

  9. Access Directive • Power of NRAs to impose remedies on SMP-undertakings • Transparency and non-discrimination • Accounting separation • Access to, and use of, specific net-work facilities • Price control and cost accounting

  10. Users‘ Rights Directive • Protection of rights of users and consumers in electronic communications networks and services

  11. Users‘ Rights Directive • Universal Service • Provision of access at fixed location (sufficient for functional internet access, no extension to mobile), directories and directory inquiry services, public pay phones, measures for disabled users • USO must be available at an affordable price • Designation of one or more USO providers • If necessary, determination of the net costs of USO; financing the USO cost (recovery from general government budgets or via a universal service fund)

  12. Users‘ Rights Directive • Enhanced consumer protection • Information rights, availability of certain services (operator assistance and directory inquiry services, European emergency number 112, etc) • Introduction of mobile number portability

  13. Data Protection Directive • Traffic data retention Use of traffic data is banned except for billing purposes • Unsolicited communications (SPAM) Opt-in system, with the exception of existing commercial relationships

  14. Liberalization Directive • Restates the obligations imposed on Member States to abolish exclusive and special rights in the area of telecommunications • Consolidates changes to original 1990 Liberalization Directive • Adapts scope and terminology consistent with Harmonization Directives

  15. Radio Spectrum Decision Establishes a legal framework to ensure the harmonized availability and efficient use of radio spectrum in the EU

  16. Major Differences old/new Framework • Gradual phasing out of sector specific regulation • More flexibility and powers for the NRAs („tool box“ for remedies) • Avoidance of overregulation • Avoidance of regulation of new markets

  17. Thank you! DORDA BRUGGER JORDIS Rechtsanwälte GmbH Dr Stephan Polster Tel: +43 1 533 47 95 35 Email: stephan.polster@dbj.at

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