claire bury - a new telecoms regulatory framework

A new telecoms regulatory framework

Towards a Dig ital S ingle Market

Claire Bury, Deputy Director-General CNECT 11th Seminar for national judges, 20 January 2017


Modernisation of current telecoms rules to drive investment

Maintain competition focus to underpin end-user benefits

Incentivise investments in very high capacity, high-speed broadband networks

Enable high-capacity connectivity to every citizen and business in Europe (i.e. no digital divide)

Support and enable 5G with new spectrum rules

Provide for more focused and leaner sector-specific regulation for services

Establish an efficient institutional system of regulators

European Electronic Communications Code and BEREC Regulation


EECC

Access directive (2002/19/EC)

Framework directive (2002/21/EC)

Universal service

directive (2002/21/EC)

Authorisation directive (2002/20/EC)

Proposal for ePrivacy Regulation


1. Network access regulation (1/2)

Reinforcement and improvement of the SMP access regime to further promote infrastructure competition and network deployment by all operators:

• Measures that amend market analysis procedures, codifying current best practices

• Obligation for regulators to take into consideration commercial access agreements in their market analyses


1. Network access regulation (2/2)

Sustainability in the development of very high capacity networks throughout the Union's territory:

• Requirements for NRA's to survey the state of broadband networks and investment plans across their national territory

• Provisions to facilitate commercial co-investment in new infrastructures

• Simplified regulatory model for wholesale-only networks

• The role of national regulators is clarified when accompanying Significant Market Power operators that migrate from legacy to new networks


2. Spectrum (1/2) Ensure advanced connectivity for all citizens and for the EU economy:

• Infrastructure or spectrum sharing on fair and reasonable terms

• Increased powers to competent authorities to ensure compliance with conditions attached to spectrum usage rights

• Prevention of cross-border issues

• Promotion of end-user access Wi-Fi connectivity


2. Spectrum (2/2)

More predictability and legal certainty to support investments:

• 25 year minimum long spectrum usage rights

• Timing of authorisation for the use of harmonised spectrum

Increased spectrum use efficiency:

• Better combination of the use of general authorisations and individual rights when authorising spectrum usage

• Facilitation of installation of wireless small-cell access points


3. Services and end-user provisions

• New definition of 'Electronic communication services' (ECS)

Electronic Communications Services (ECS)

Interpersonal communication services (ICS)

Number-based ICS

Number independent ICS

Internet access services (IAS)

Services consisting wholly or mainly of the conveyance of

signals


End-user protection

• Simplification and consistency of the framework: deregulation and streamlining of sector specific provisions that are outdated or overlap with horizontal consumer protection, e.g. information requirements for contracts, QoS or switching

• Modernisation and improvement: addressing new end-user problems such as the rapid adoption of bundles (package of services of several communication services)

• Harmonisation: to increase coherence and legal certainty for end-users and providers


4. Universal service

• Shift of focus from availability to affordability

• Modernised and dynamic definition of 'access to functional internet access'

• 'Right to contract' for end-users with low income or special social needs

• Update funding mechanism to current market conditions and end-user needs

• Expansion of obligation to at least a fixed location

• Ensure better consistency with other available policy tools

• Equivalent access and choice for disabled users

• Relaxation of legacy services (with an option to continue to mandate services if the need is duly demonstrated)


5. Governance and BEREC regulation

• Ensure the appropriate balance of powers as well as the necessary coordination procedures at EU level

• Reinforce the independence and the regulatory capacity of national regulators: common set of minimum competences

• Enable BEREC, as a new agency, to have enlarged competences for matters with cross-border dimension

• Create a more stable governance structure


Questions?


Thank you for your attention!

claire bury - a new telecoms regulatory framework

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