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This project is funded by the European Union

This project is funded by the European Union. EU regulatory framework for electronic communications - Authorisation Directive Richard Harris Independent EU telecommunications consultant ICTtrain workshop London 3-14 November 2008. Agenda. Vocabulary What’s the difference?

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This project is funded by the European Union

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  1. This project is funded by the European Union EU regulatory framework for electronic communications - Authorisation Directive Richard Harris Independent EU telecommunications consultant ICTtrain workshop London 3-14 November 2008

  2. Agenda • Vocabulary • What’s the difference? • The main recitals • How do they decide?

  3. Vocabulary 1 • General authorisation means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive.

  4. Vocabulary 2 • Significant market power: This concept provides the basis for imposing obligations that are additional to those attached to the general authorisation. These are “specific obligations” and must be imposed separately from those that apply generally.

  5. What’s the difference Between the 2002 rules and the previous rules? In essence the previous rules allowed the MSs to devise their own licensing arrangements for the liberalised sector. The diversity of approaches they adopted made it very hard for a new entrant to serve the whole of the EU single market.

  6. What’s the difference 2 The 2002 rules require MSs to put the right to provide electronic communications networks and services into the law and not to impose any administrative procedure that could delay market entry. • See recitals 7 to 10. The emphasis is on liberalisation first, regulation second.

  7. The main recitals 1 & 3 experience justifies what follows 4 “Objective, transparent, non- discriminatory and proportionate” 7-10, 15-18, 25-28 Least onerous possible, level throughout the EU, right to interconnect, declarations, appeals, penalties, reporting 11-14, 21-24 Special rules for use of numbers and radio frequencies 30-32 Strict limitation on fees

  8. The key articles 3&4 Right to provide networks and services, right to interconnect 5&6 Maximum access to numbers and frequencies, all authorisations subject to minimum conditions, all procedures OTNP 12&13 Fees Annex list of conditions that MS may attach to authorisations

  9. Thank you for your attention dickharris@btinternet.com For more information: See - Europa web-site

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