This project is funded by the European Union

EU regulatory framework for electronic communications

- Access Directive

Richard HarrisIndependent EU telecommunications consultant

ICTtrain workshopLondon 3-14 November 2008

Agenda

–Vocabulary–What’s the difference?–The main recitals–The main articles

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Vocabulary 1• Access means the making available of facilities and/or

services, to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop), access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems, access to number translation or systems offering equivalent functionality, access to fixed and mobile networks, in particular for roaming, access to conditional access systems for digital television services; access to virtual network services;

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Vocabulary 2• Interconnection means the physical and

logical linking of public communications networks used by the same or a different undertaking in order to allow the users of one undertaking to communicate with users of the same or another undertaking, or to access services provided by another undertaking. Services may be provided by the parties involved or other parties who have access to the network. Interconnection is a specific type of access implemented between public network operators;

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Vocabulary 3

• Local loop means the physical circuit connecting the network termination point at the subscriber's premises to the main distribution frame or equivalent facility in the fixed public telephone network.

• Reference offer is not defined but this vital phrase is used in article 9.2 and 9.4 to describe the standard terms and conditions that SMP operators can be obliged to publish for its wholesale customers.

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What’s the differenceBetween the 2002 rules and the

previous rules? In essence the previous rules divided the world into incumbents and new entrants. A fixed set of rather heavy ex ante rules were imposed on incumbents and no, or much lighter, rules on new entrants.

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What’s the difference 2– The 2002 rules divide the world

into markets and assess each market to discover whether any operators has significant power. This directive applies these new principles to the wholesale markets. The received wisdom is that if wholesale markets are competitive, very little regulation will be needed at the retail level.

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The main recitals

1-3 Scope – relations between service suppliers

5-9 Mainly commercial negotiation10-15 Regulation may be needed

and must be possible16-18 Some key principles19 The problem......20-21 Prices and audit

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The key articles3&4 General framework, obligations to

negotiate.5 Powers of the NRA6-9 Review of markets and obligations,

reference offers10-11 Transparency, non-discrimination,

accounting separation, vertical integration12 Access to buildings, ducts and masts13 Prices and cost accountingAnnex II Reference offer for local loop

unbundling3rd November 2008 9

SummaryThis Directive strongly encourages

operators to conclude all of their access agreements by negotiation and, as far as possible to standardise their terms in published “reference offers”. The aim is to minimise the aspects where agreement cannot be reached and where regulatory intervention might be needed.

The NRAs are however given strong powers and operators are reminded about the competition rules.

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Thank you for your attention

dickharris@btinternet.com

For more information:See - Europa web-site

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