On 13 October, the Body of European Regulators for Electronic Communications (BEREC) provided its opinion on the rules proposed by the Commission to govern permanent roaming, the so-called “guidelines for a fair use policy” (see EUROPE 11645). As explained by Wilhelm Eschweiler, BEREC Chair, this report highlights the risks the proposal contains in terms of the effect on consumers, competition and the domestic and external retail markets. It also highlights the link with the wholesale market and makes an appeal for clearer definitions. (Interview conducted by Sophie Petitjean)
Agence Europe - What’s the problem of the new proposal?
Wilhelm Eschweiler - We tried to deliver a technical analysis (including also a legal part) and we worked out the pros and the cons. We have pointed out that there could be some waterbeds effects that means that domestic prices are going up and that as consequence a grandmother who doesn’t travel would subsidise the happy few frequent travellers riding around Europe. Because you have then on the one hand the waterbeds effects and on the other hand, you have to realise that this could imply some cross subsidisation. And we realise that indeed in some countries prices are at that moment already going up. The other effect is that there could be a consolidation in favour of operators with a large footprint because they can internalise costs across Europe. And another crucial point is regarding the implementation: the kind of uncertainty. From the legal aspect there is a legal uncertainty regarding some definitions, some wordings are unclear. And then the national regulatory authorities have the problem to monitor the implementation of the regime.
Did you prefer the previous proposal which introduced a limitation of duration?
There have been a lot of discussions in BEREC too on that issue. Finally BEREC touches upon limitations of duration or volume in its Opinion and suggests that the concerns raised could be at least partly remedied if the implementing act clearly set out the conditions under and the extent to which specific limits may be set as an FUP.
Do you expect an answer to the issues you raised from the Commission?
Formally the Commission is not obliged to take our opinion on board or to answer us. But I would assume that in the framework of the ongoing dialogue between the three institutions someone may refer to it or use the arguments. So this is not wasted. But to be clear, the process is at such a high political level that we – as a technical body – try to concentrate on a technical analysis in regard of the pros and cons.
In 2017 Sebastien Soranio will take up the chairmanship of BEREC. What are his main challenges and what tips would you give him?
What will be most important are the discussions on the proposal for a new framework for electronic communications. The roaming issue will be further discussed. Then on net neutrality Mr Soriano pointed out that BEREC will monitor if the guidelines we have put on the table are implemented consistently. As BEREC, we will deliver this year a high level Opinion on the proposals of the Commission focusing on the institutional set up of BEREC, on OTT services and access regulation. And under Mr Soriano's chairmanship, there will be an in-depth analysis on the whole picture and he will concentrate on spectrum issues. But I will stay in the troïka as the previous chair, so I will try to give a hand. What I have learned is that you need, as a chair, a good team otherwise you are completely lost because it is too detailed.