www.dbj.at

The EU Regulatory Framework for electronic communications

by Stephan Polster6th AIJA Winter Seminar

January 2005

2www.dbj.at

EU Telecommunications Policy 1987-1998

Objectives Gradual opening of telecommunications markets to

competition Creation of a harmonized framework in the Member

States

Liberalization measures 1988 Terminal equipment 1990 Value added services 1994 Satellite communications 1995 Cable television networks 1996 Mobile communications 1998 Voice and infrastructure

3www.dbj.at

Why a new regulatory framework?

Convergence Technologically neutral regulation of all net-

works and services in electronic communications

Transition to competition lawBringing telecoms regulation more into line with general competition law principles, in order to facilitate the transition to a deregulated environ-ment.

Increased harmonizationEnsuring coherent regulatory environment within the Single Market

4www.dbj.at

The new Regulatory Framework

Framework DirectiveAuthorization DirectiveAccess & Interconnection DirectiveUsers‘ Rights DirectiveData Protection DirectiveLiberalization DirectiveSpectrum Decision

5www.dbj.at

Framework DirectiveMarket analysis

Market definitionAssessment of SMPImposition of Remedies

NRA independence, powers, appeals

Frequency ManagementSpectrum trading

6www.dbj.at

Framework DirectiveCooperation and consultation procedure

NRAs have to consult nationallyNRAs have to consult other NRAs and the

CommissionCommission has the right to veto draft

implementation measures regarding market definition and assessment of SMP

Collocation and facility sharingCommercial negotiation, or NRA inter-

vention

7www.dbj.at

Authorization Directive Old framework:

Mainly individual licenses, in particular for voice telephony services

New framework: General authorization

Individual licenses only for rights-of-use of frequencies or numbers; open, non-discriminatory, proportionate and transparent proceduresAdmissible conditionsRapid procedures, rules on administrative charges

8www.dbj.at

Access DirectiveAims to stimulate infrastructure

competition and the inter-operability of services provided over those infrastructures

Rights and obligations to interconnect public communications networks (also for non-SMP operators)

9www.dbj.at

Access Directive

Power of NRAs to impose remedies on SMP-undertakingsTransparency and non-discriminationAccounting separationAccess to, and use of, specific net-

work facilitiesPrice control and cost accounting

10www.dbj.at

Users‘ Rights Directive

Protection of rights of users and consumers in electronic communications networks and services

11www.dbj.at

Users‘ Rights Directive Universal Service

Provision of access at fixed location (sufficient for functional internet access, no extension to mobile), directories and directory inquiry services, public pay phones, measures for disabled users

USO must be available at an affordable price Designation of one or more USO providers If necessary, determination of the net costs of

USO; financing the USO cost (recovery from general government budgets or via a universal service fund)

12www.dbj.at

Users‘ Rights DirectiveEnhanced consumer protection

Information rights, availability of certain services (operator assistance and directory inquiry services, European emergency number 112, etc)

Introduction of mobile number portability

13www.dbj.at

Data Protection Directive

Traffic data retentionUse of traffic data is banned except for billing purposes

Unsolicited communications (SPAM)Opt-in system, with the exception of existing commercial relationships

14www.dbj.at

Liberalization DirectiveRestates the obligations imposed

on Member States to abolish exclusive and special rights in the area of telecommunications

Consolidates changes to original 1990 Liberalization Directive

Adapts scope and terminology consistent with Harmonization Directives

15www.dbj.at

Radio Spectrum Decision

Establishes a legal framework to ensure the harmonized availability and efficient use of radio spectrum

in the EU

16www.dbj.at

Major Differences old/new Framework

Gradual phasing out of sector specific regulation

More flexibility and powers for the NRAs („tool box“ for remedies)

Avoidance of overregulationAvoidance of regulation of new

markets

17www.dbj.at

Thank you!

DORDA BRUGGER JORDISRechtsanwälte GmbH

Dr Stephan PolsterTel: +43 1 533 47 95 35

Email: stephan.polster@dbj.at