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EU Communications package : State of Implementation

EU Communications package : State of Implementation. Kip Meek, Senior Partner, Content & Competition Brussels, 30 May 2005. Market review progress. UK completed all market reviews (except for wholesale international roaming – ongoing)

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EU Communications package : State of Implementation

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  1. EU Communications package : State of Implementation Kip Meek, Senior Partner, Content & Competition Brussels, 30 May 2005

  2. Market review progress • UK completed all market reviews (except for wholesale international roaming – ongoing) • Lot of continuity with previous UK regulatory requirements • Reviews have allowed us to refine and update the measures • remove all regulation in mobile access & call origination • more sophisticated approach to Broadband markets • more sophisticated approach to leased line markets

  3. Assessment of Market Review process • Enables regulatory decisions to be evidence based, forward looking and proportionate • Is economically sound and consistent with competition law principles • Allow regulation to evolve in line with market developments • Promotes a degree of harmonisation and consistency within EU • Overall, provides certainty for stakeholders which encourages innovation and investment • But is an extended process and resource intensive for NRA and industry

  4. Issues arising • Unclear how far harmonisation has progressed • Need to ensure right balance to harmonised application of Framework • Technical and commercial developments will be a challenge for Framework, for example: • NGNs • VOIP • 3G

  5. UK concerns • Despite 20 years of liberalisation, BT still provides most infrastructure and has a very high share of narrowband and broadband access • Ofcom has been reviewing it strategy (TSR). Concerns are: • evolving consumer needs • in what parts of the market is there scope for effective competition • is there scope for a significant reduction in regulation • how to incentivise efficient and timely investment in next generation networks • is the operational or legal separation of BT required to deliver a good outcome?

  6. Cooperation amongst NRAs and with Commission • ERG is an Advisory Committee which promotes close co-operation amongst NRAs and with Commission • Has produced a number of harmonised policy statements on key issues • Art 7 process • potentially places NRAs and Commission in adversarial role • very resource intensive • Need to find ways of deepening cooperation while minimising the negative effects

  7. Future evolution of regulation • Ensure sufficient advance thinking on regulatory implications of strategic market developments (e.g. NGNs) • Promote confidence amongst market players for new investments • Work towards consensus on right approach to markets where competition is muted • Promote dialogue on need for comparability in national appeals systems and national approaches to sanctions for non-compliant behaviour • Work out how consumer protection policy should evolve under the Framework in line with market developments

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