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Implementing EU 2009 regulatory framework

Implementing EU 2009 regulatory framework . National experiences in the Enlargement countries . Budva , Montenegro – 1-2 October 2012. EU regulatory framework. a 25 year long journey. The Green Paper

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Implementing EU 2009 regulatory framework

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  1. Implementing EU 2009 regulatory framework National experiences in the Enlargement countries Budva, Montenegro – 1-2 October 2012

  2. EU regulatory framework a 25 year long journey... • The Green Paper • Liberalisation: main goal, but a phased approach Data and value added services – by 1993Full liberalisation – by 1998 • Structural: separation between regulation and business operations, emergence of the NRAs and telecom operators as commercial entities • Development of a common market for telecommunications services and equipment

  3. EU regulatory framework • 1998 package • Designed to manage the transition from monopoly to competition • Individual authorisations for fixed and mobile services and infrastructure • Asymmetric regulations based on a 25% SMP rule – on a small number of broadly defined markets

  4. EU regulatory framework • 2002 package: • Built on liberalisation (1998) • General authorisation regime • Convergence: rules apply to all forms of fixed and wireless networks, data transmission and broadcasting • Common rules for multi-carrier market place; ex-ante regulation based on competition law (‘significant market power’ = dominance) • Established independent national regulators in each Member States Framework Directive Access Directive Authorisation Directive Universal Service Directive e-Privacy Directive Radio Spectrum Decision

  5. EU regulatory framework • 2009 review: • More co-ordinated and harmonised regulatory approach: • BEREC • Spectrum policy • More EC oversight over national ex-ante regulatory measures • Technology and service neutrality • Consumer rights and privacy • Security and integrity of networks • NRA independence “Better Regulation Directive” “Citizens Rights Directive” BEREC – regulation

  6. Full liberalisation of telecom markets IS – January 1998 RS – January 2012 HR – January 2003 MK – March 2005 AL – April 2007 TR – May 2009 XK – January 2008 Commission Directive 96/19/EC BA – January 2006 ME – January 2004

  7. EU regulatory framework Implementation in SEE countries... • 2009 package • Croatia – adopted in July 2011 • Albania, Kosovo* – draft legislation before national parliaments – adoption planned for 2012 • Montenegro – a consultation on draft legislation • 2003 package • Effective in Macedonia (2005), Turkey (2008) and Serbia (2010) • 1998 package • Bosnia & Herzegovina

  8. Market analyses framework • Six SEE countries adopted regulations based on the EU guidelines and competition law principles and have completed at least one round of market analyses • Bosnia & Herzegovina and Kosovo have recently aligned their regulatory regimes and started their first analyses of relevant markets

  9. Market analyses – Croatia • Completed in November 2011: • Wholesale terminating segments of leased lines (M6/2007) • Wholesale trunk segments of leased lines (M14/2003) for non-competitive routes • Completed in March 2012: Retail broadband access and closely related transmission of Pay TV

  10. Market analyses – Montenegro • First round market analysis completed • Seven relevant markets finalised in November 2010 • Further markets analysis completed in December 2011 • retail call services (M3 - 6/2003) • wholesale mobile access and call origination (M15/2003) • wholesale trunk segments of leased lines (M14/2003) • wholesale broadcasting transmission (M18/2003)

  11. Market analyses – Macedonia • New round market analysis is under way • September 2010 decision identifies 13 relevant markets • Wholesale SMS termination market – analysis completed in May 2011 • Third round analysis of wholesale mobile call termination (M7/2003) completed in May 2012 – transition to pure BU-LRIC and glide path until September 2014, reaching MKD 0.9 (1.46 €cents) • Second round analysis of wholesale infrastructure access and wholesale broadband access (M4-5/2007) in progress – expected in 2013

  12. Market analyses – Albania • Second round market analysis completed • SMP found in all 16 analysed markets of EC 2003 recommendation • Additional market for wholesale SMS termination analysed in October 2011 • Third round market analysis • Wholesale mobile access and call origination (M15/2003) – deregulated in July 2012 • Wholesale mobile call termination – completed in July 20, 2012: SMP designation of Plus, glide path until September 2015, reaching ALL 4.57 (3.25 €cents)

  13. Market analyses – Serbia • First round market analysis completed in November 2011 • Analysed markets correspond to seven markets of EC 2007 recommendation • Additional markets for retail distribution of media content and retail fixed telephony services (M3-6/2007) • Implementation of regulatory obligations in progress

  14. Market analyses – Bosnia & Herzegovina • New regulation on market analysis based on the EU guidelines adopted in October 2011 • Preliminary market analyses carried out • wholesale fixed call termination (M3/2007) • wholesale mobile call termination (M7/2007) • wholesale infrastructure and wholesale broadband access (M4-5/2007)

  15. Market analyses – Kosovo* • Regulation on market analysis adopted in December 2010 based on 16 relevant markets of EC 2003 recommendation • First analysis of fixed telephony and access markets (M1-6, 8-10, 11/2003) finalised in February 2012 • Analysis of wholesale market for call termination on individual mobile networks (M16/2003) is in progress

  16. Competitive safeguards - overview ✘- not available ✔- available/regulated

  17. Mobile spectrum assignments 3 MNOs: 2 – 900 & 2100 MHz 1 – 1800 & 2100 MHz 3 MNOs: 900 & 1800 & 2100 MHz 3 MNOs: 1 – 900 & 1800 & 2100 MHz 1 – 900 & 2100 MHz 1 – 900 & 1800 MHz 4 MNOs: 2 – 900 & 1800 & 2100 MHz 2 – 900 & 1800 MHz 2 MNOs: 2 – 900 &1800 MHz

  18. Refarming of 2G spectrum for 3G/4G

  19. Digital dividend - 800 MHz mobile broadband EU RSPP To carry out authorisation process for wireless BB by Jan. 1, 2013 Analogue switch-off dates: June 17, 2015 Jan. 1, 2012 Dec. 1, 2014 Oct. 5, 2010 Dec. 31, 2013 2010 2011 2012 2013 2014 2015 March 2015 June 30, 2011 June 1, 2013 Dec. 31, 2012

  20. Fixed broadband – penetration rate (2011) BBlines/population 4% 20% 16% 38% Source: CI, Digital Agenda Scoreboard 2012

  21. Mobile broadband – penetration rate (2011) BBdedicated data cards/population 90% 12.5% 233% 510% Source: CI, Digital Agenda Scoreboard 2012

  22. www.cullen-international.com> Other services > Studies Monitoring of electronic communicationsin the Enlargement countriesveronica@cullen-international.com

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