On Tuesday 25 August, the European Commission presented two draft documents to clarify the European Electronic Communications Code (2018/1972). One deals with the relevant wholesale markets that require regulatory intervention and the other with the maximum rates telecommunications operators will be able to charge each other to deliver voice calls between their networks.
The documents will not receive final approval until the end of the year, however. With the deadline of 21 December 2020 for transposition of the Electronic Communications Code in mind (see EUROPE 12137/9), the Commission states that it is waiting for the opinion of the Body of European Regulators for Electronic Communications (BEREC) and Member States’ national regulatory authorities before finalising its position.
Review of the Recommendation on Relevant Markets
The section on relevant markets consists of a draft recommendation and an explanatory note.
The Commission proposes reviewing the Recommendation (2014/710/EU) that lists the product and service markets in the telecommunications sector that are susceptible to regulation. If national regulatory authorities identify the existence of significant market power of the operators active on these markets, they are obliged to impose remedies adequate to address any market failures identified.
In the document, the Commission proposes identifying two new wholesale markets as susceptible to regulation. The first involves wholesale local access provided at a fixed location that can be used to provide mass market broadband services and bundles. The second involves wholesale dedicated capacity that is mainly relevant for business use requiring a higher quality of connectivity.
Four-week consultation on Eurorates
The section on price ceilings for voice calls (fixed and mobile) is subject to comitology. A draft delegated act is open for comments until 22 September.
The draft document sets the Eurorates (the maximum single EU-wide voice call termination rates) that telecommunications operators will be able to charge each other to deliver voice calls between their networks. It is based on the Code’s principles, according to which the maximum tariffs should be based on recovery of incremental costs by an efficient operator.
The draft recommendation also includes guidelines on geographical assessment of the market.
More information on relevant markets can be found at: https://bit.ly/3ljX2Fl and on ‘Eurorates’ at: https://bit.ly/31pq1Q8 (Original version in French by Sophie Petitjean)