DG Information Society PSC 1 The 1999 Communications Review Peter Scott DG Information Society Brussels EUROPEAN COMMISSION

DG Information Society PSC 2 The 1999 Review Spectrum Green Paper Convergence Green Paper Markets: data, internet, mobile, new services, DVB, e-commerce... Technology: digitisation, wireless, satellite, fibre optics, compression... Globalis- ation: alliances, WTO... Liberalis- ation: experience, 5th report

DG Information Society PSC 3 POLICY OBJECTIVES   To promote and sustain a competitive European market for communications services   To benefit the European citizen   To consolidate the internal market in a convergent environment

DG Information Society PSC 4 Services provided over networks (outside scope of 1999 Review) Communications infrastructure and associated services Communications & access services (eg telecoms or conditional access services) Communications infrastructure (networks and associated facilities)

DG Information Society PSC 5 FUTURE REGULATORY FRAMEWORK   EU legislation to set out principles, not details; aim is to be technologically neutral   Regulation to be responsive to market conditions; more reliance on ‘soft’ law   Consolidation, simplification and clarification of the legal framework - mixture of sector-specific and competition rules

DG Information Society PSC 6

DG Information Society PSC 7 Future Directives Five EP and Council Directives   Framework Directive   Universal service Directive   Licensing Directive   Access and interconnection Directive   Data protection Directive One Commission Directive (Art 86)

DG Information Society PSC 8 DECREASING REGULATION AS COMPETITION INCREASES Degree of regulation Degree of competition

DG Information Society PSC 9 AREAS FOR PUBLIC COMMENT   licensing and authorisations   access and interconnection   management of radio spectrum   universal service   user and consumer interests   naming, numbering and addressing   competition aspects   institutional issues

DG Information Society PSC 10 LICENSING AND AUTHORISATIONS   coherent approach to all communications networks (eg no specific rules for internet)   greater use of general authorisations   specific authorisations reserved for assignment of spectrum and numbers   restricted range of supplementary conditions that may be imposed   fees to cover only justified and relevant administrative costs (EU guidelines)

DG Information Society PSC 11

DG Information Society PSC 12 ACCESS AND INTERCONNECTION   Identify markets or market segments where competition is not effective   Impose obligations for access or interconnection linked to market power   Remove obligations when competition becomes effective

DG Information Society PSC 13 LINKING REGULATION TO MARKET POWER Degree of regulation Market power Dominant position Significant market power Neither

DG Information Society PSC 14 ACCESS ISSUES –access to the local loop (local loop unbundling) –access to cable TV networks or satellite systems, –access to mobile network infrastructures (MVNOs) –access to IN functionality of fixed and mobile networks –access to broadband networks –access for ISPs to cable TV networks –access to set-top boxes, electronic program guides (EPGs), and application program interfaces (APIs)

DG Information Society PSC 15 MARKET POWER   dynamic definition of relevant markets  relevant markets to be defined by EC and national regulatory authorities (NRAs), in coordination with competition authorities  NRAs to decide which market players have a dominant position or significant market power (SMP) on those markets  periodic review of markets and players

DG Information Society PSC 16 ACCESS AND INTERCONNECTION   threshold for cost orientation and non- discrimination raised to ‘dominant position’, instead of significant market power (SMP)   SMP operators to have an ‘obligation to negotiate’ access, at commercial prices   NRAs to intervene in case of dispute   SMP mobile operators to offer carrier selection

DG Information Society PSC 17 A framework for regulation for interconnection and access

DG Information Society PSC 18 MANAGEMENT OF RADIO SPECTRUM  encourage effective use of radio spectrum (eg pricing, auctions), taking into account general interest principles  spectrum trading to be possible (decided at national level)  new mechanisms to address cross-sectoral and pan European aspects (including a radio spectrum policy expert group)

DG Information Society PSC 19

DG Information Society PSC 20 UNIVERSAL SERVICE   maintain current definition and scope (ie access to the fixed public telephone network and provision of a good quality telephone service)   allow for periodic review and possible extension of scope   encourage more use of ‘pay or play’   EC to publish pricing principles to ensure affordability

DG Information Society PSC 21 USER AND CONSUMER INTERESTS   update telecoms data protection and privacy directive   make caller location mandatory for all emergency calls   strengthen provisions on complaint handling, dispute resolution and tariff transparency for consumers   suppliers to publish quality-of-service information, under NRA supervision   Leased line Directive ?

DG Information Society PSC 22 NUMBERING, NAMING AND ADDRESSING   support for ICANN as the forum for internet naming and addressing   strengthen European co-ordination in international bodies   keep under review issues of inter- operability, including inter-operability of national IN number databases   extend operator number portability to mobile users

DG Information Society PSC 23 EUROPEAN CO-ORDINATION   European regulatory authority not seen to be justified   New Communications Committee, chaired by EC, which could vote on positions to be made binding for Member States (replacing ONP and Licensing committees)   New High level Communications Group of NRAs and EC, to facilitate consistent application of EU rules by NRAs

DG Information Society PSC 24 COMMISSION TIMETABLE 2000   15 February - end of public consultation   April- publication of Report on consultation   April- publication of Recommendation on access to local loop   2 May - Telecom Council   end May - submission to EP and Council of proposals for new Directives

DG Information Society PSC 25 THE 1999 REVIEW   Information at: review99/   Comments to: 99