UK Sector Workshop February 4, 2000 1999 Review of EU Communications Legislation

1. UK Sector Workshop February 4, 2000 1999 Review of EU Communications Legislation TMA/TUA

2. Objectives of The 1999 Communications Review • TMA/TUA support the main objectives of the Review especially the scope covering “Communications” in its broadest sense • TMA/TUA also respect the efforts taken by DTI and Oftel to consult with the sector interest groups in the UK through the PFG meetings

3. 1987 to 2003 + • It has taken a long time from the release of the 1987 Green Paper to establish 20 sector specific Directives/Decisions and Recommendations that form the starting point for the 1999 Review process • The next step intends to compress 20 Directives/Decisions into 6 and create a legal framework that lasts until at least 2007 • This will be a significant challenge for the EP, Commission and Member States

4. Key factors noted by end users • The introduction of a general authorisation licensing regime must avoid complicated national variations • NRA’s must ensure that interpretation of the five principles proposed for the new regulatory framework is respected • But..technology neutral objectives may prove difficult to achieve

5. Key Factors noted by end users • Coherent spectrum policies will be welcome but concern remains that auctions will distort end user prices • Separation of content and delivery regulation is important especially for future services but care is needed for special cases • Continuation of sector specific regulation is supported but it should be appropriate, measurable and enforceable

6. Key factors noted by end users • Reliance only on Community competition law for the communications sector may be an objective that is not achievable • The continued approach by the Commission to let Internet develop outside of Communications specific regulations is welcome • Must carry rules are important for the development of competition

7. Key actors noted by end users • Extension of carrier selection and pre-selection to mobile must be given careful analysis • Complaint handling and dispute settlement should be open to end users to participate • Service quality should have some basic controls that are reference points for the NRA and should not just be left to market forces

8. Key factors noted by end users • The proposal to withdraw the leased lines Directive when adequate choice is available suggests a determination of market conditions is possible • This raises the question of how effective competition is measured and brings into focus the difficulties surrounding SMP, dominance and market distortion

9. Key factors noted by end users • Number portability and numbering remains a significant matter for end users and should therefore be extended and reinforced • Access to information and full consultation with users must be carried out by the new institutions - Communications Committee and HLRG

10. Key factors for end users • Implementing and enforcing Community legislation is an important factor that end users rely on • Transparency of actions and therefore understanding ensures end users can have confidence in the competence of the Commission and NRA’s

11. Conclusions • Choice and market conditions driven by competition should be a shared goal by all Communications sector participants • However market conditions alone cannot remove all sector specific regulations • The proposed Directives must ensure they support sector developments, can be measured for effectiveness, meet end users needs, have flexibility and a fast problem resolution capability