European regulators, like European ministers with responsibility for competitiveness, want to keep control of their telecommunications networks. That is the message they conveyed in a BEREC (Body of European Regulators for Electronic Communications) opinion presented on 14 December.
The document, which was adopted at the BEREC plenary meeting in Berlin on 8 and 9 December, is in response to the Commission’s proposal for a draft electronic communications code presented in mid-September. It focuses on three areas: the scope of the framework, the access regulation and the institutional set-up. “There are positive things and things that worry us more in the code”, said Wilhelm Eschweiler, who chaired the plenary meeting, making clear his concern for the future of the body. One of the areas of controversy is the Commission proposal to turn BEREC into an executive agency. BEREC believes that this proposal, which was also opposed by most member states at the Competitiveness Council in early December, is counter-productive. “We are pleased that the Commission wants to enhance the effectiveness of BEREC. But the proposal as it stands will not achieve this objective, in that it undermines the key characteristics of the body”, said Ervin Kajzinger, the representative of the Hungarian regulator, NMHH. BEREC believes, for example, that the proposal that companies providing electronic communications networks and services should inform BEREC, rather than their national regulator, of the start of their activities will create a further layer of unnecessary and complex bureaucracy.
Another source of concern is the proposal to fully harmonise consumer protection regulation. BEREC fears that this will prevent regulators and member states from responding to emerging challenges in their respective markets, or indeed from deregulating where justified. With regard to universal access, BEREC fears that the inclusion of mobile services will lead to market distortions and will increase red tape. It calls for provisions on limited competition given that the guidelines on market analysis and the assessment of market power are not binding.
BEREC welcomes the introduction of an explicit connectivity objective and the inclusion of a range of “over the top” (OTT) services in the scope of the legal framework. It commends the “measured” approach the Commission has taken towards levelling the regulatory playing field.
This opinion is the first stage in a process that will continue in 2017. The BEREC working party will now assess more closely each of the provisions and could produce a second report in the course of next year.
Also at the plenary session, BEREC adopted its work programme for 2017 and elected Johannes Gungl, Managing Director of Austrian regulator RTR, BEREC Chair for 2018 (he will serve as a Vice-Chair in 2017). (Original version in French by Sophie Petitjean)