Issue no. 412 - 28 November 2010

• EU - Commission requests France and Spain to end 'telecoms taxes' (RAPID)
  The European Commission has decided to request France and Spain to abolish specific charges on the turnover of telecoms operators introduced when the Member States concerned decided to end paid advertising on public TV channels. In both cases, the Commission considers these "telecoms taxes" to be incompatible with EU telecoms rules, which require specific charges on telecoms operators to be specifically and directly related to covering the costs of regulating the telecoms sector.

Issue no. 411 - 3 October 2010

• EU - Commission requests France and Spain to end 'telecoms taxes' (RAPID)
  The European Commission has decided to request France and Spain to abolish specific charges on the turnover of telecoms operators introduced when the Member States concerned decided to end paid advertising on public TV channels. In both cases, the Commission considers these "telecoms taxes" to be incompatible with EU telecoms rules, which require specific charges on telecoms operators to be specifically and directly related to covering the costs of regulating the telecoms sector.

Issue no. 409 - 6 June 2010

• EU - Body of European Regulators for Electronic Communications (BEREC) established in Riga (RAPID)
  European Commission Vice-President for the Digital Agenda Neelie Kroes has welcomed the decision of EU Telecoms Ministers that the Office of the Body of European Regulators for Electronic Communications (BEREC Office) will be based in Riga, Latvia.

• EU - Commission report on national telecoms regulation shows more competition but no Single Market (RAPID)
  A European Commission report shows that EU telecoms markets have become more competitive thanks to the Commission's guidance in the consultation and review process known as the 'Article 7 procedure', whereby national telecoms regulators inform the Commission in advance of their plans to regulate parts of their national telecoms markets. As a result, citizens and businesses enjoy greater choice of services and cheaper prices. However, the report also indicates that a single EU telecoms market is still far from reality. Problems include different national regulatory approaches to tackling competition issues, such as regulating access to fibre networks. Regulatory uncertainty could hamper the roll out of investment-intensive infrastructure projects like Next Generation Access (NGA) networks, one of the flagships of the Digital Agenda for Europe. see also How the Article 7 consultation and notification mechanism works: frequently asked questions.

• EU says telecoms market 'too fragmented' (BBC)
  Businesses and consumers across the EU are plagued by high prices because of inconsistent application of EU telecoms rules, the European Commission says. Mobile phone call charges range from 0.04 euro per minute in Latvia to 0.24 in Malta, a Commission report says. Big price differences are hampering efforts to create a single market in EU telecoms. There was zero growth in EU telecoms in 2009, while the overall EU economy saw a 4.2% decline.

• US - FCC chairman proposes increased regulation of Internet service providers (Washington Post)
  Federal Communications Commission Chairman Julius Genachowski has proposed putting Internet service providers (ISPs) into the same category as telephone companies, a move aimed at solidifying the agency's authority over the fast-growing broadband industry. The proposal would impose a fresh layer of rules on a sector that has so far been lightly regulated. By reclassifying broadband providers, the FCC hopes to be able to carry out its plans to greatly expand Internet access nationwide and require companies that get consumers onto the Web to treat all online traffic equally. Genachowski portrayed his plan as a middle-of-the-road approach to regulating broadband, saying he would exempt providers from dozens of rules that typically apply to phone companies.

Issue no. 408 - 25 April 2010

• EU - Regulatory framework for electronic communications (Europa)
  Further to the adoption of the EU electronic communications reform package in November 2009 the Commission produced a collection of relevant texts concerning the new rules. This collection of texts is now available online and could be a useful resource for those concerned with the application of law in the electronic communications sector. The booklet includes a consolidated version of the electronic communications framework as amended in 2009, as well as other applicable rules, such as those related to frequency policy.

Issue no. 407 - 28 March 2010

• EU - Commission rules against plans to regulate Internet traffic exchange services in Poland (RAPID)
  The European Commission has ruled that Polish telecom regulator Urząd Komunikacji Elektronicznej (UKE) must withdraw its plans to regulate the markets for internet traffic exchange services in Poland. Internet service providers use these data traffic exchange services to connect their customers to the Internet. After a two-month investigation, the Commission has decided that UKE has failed to show that competitive conditions in Poland require the regulation of these markets, which are not regulated elsewhere in the EU.

• EU - Consultation on future universal service in digital era (RAPID)
  A public consultation on what is the best approach to ensure that basic telecoms services are available for all EU citizens has been launched by the European Commission. Current EU rules on universal service obligations for telecoms date from 2002 and guarantee that Europeans have access to public telephone networks and to services like basic internet access. The consultation launched today aims to see if these rules and definitions on universal service need to be updated for the digital age, and in particular if they should be extended to cover broadband access. Reactions from consumers, industry stakeholders, and policy experts will help the Commission decide if it needs to present new legislative proposals on universal service obligations for telecoms by end of 2010. The consultation will run until 7 May 2010.

• EU - Radio spectrum: public consultation on future policy; 22-23 March Summit (RAPID)
  The European Commission has launched a consultation on strategic priorities for an EU radio spectrum policy programme for 2011-2015. Access to radio spectrum is essential for a huge range of activities from telephony and broadcasting through to transport and space applications. Wide and fair access to radio spectrum is crucial to ensure that EU citizens in both urban and rural areas can enjoy the benefits of digital technology. Better use of spectrum could also give Europe's economy a boost since rolling out fast wireless services would enhance competitiveness and growth. Industry, consumers and other stakeholders are invited to respond to the consultation by 9 April. A "Spectrum Summit" held jointly by the Commission and the European Parliament will take place on 22/23 March to discuss Europe's spectrum priorities.

Issue no. 406 - 21 February 2010

• EU - New Telecoms Regulator gets to work (RAPID)
  The telecoms regulators of the 27 EU countries have met for the first time in Brussels as members of the new Body of European Regulators for Electronic Communications (BEREC). The new European telecoms regulator BEREC has been established following the adoption by the Council and Parliament of the new EU Telecoms rules in December 2009. See also speeches at the first meeting of the Board of Regulators of BEREC and the Management Committee of the Office 28 January 2010, Egmont Palace Brussels: The important role of the Body of European Regulators for Electronic Communications by Neelie Kroes and Viviane Reding.

Issue no. 405 - 24 January 2010

• EU - New Telecoms Rules enter into force (RAPID)
  New EU telecoms rules officially became EU law on 19 December following their publication in the Official Journal of the European Union. The new rules composed of the Better Regulation Directive and the Citizens' Rights Directive will need to be transposed into national laws of the 27 EU Member States by June 2011. The new Regulation establishing the new European Telecoms Authority called "Body of European Regulators for Electronic Communications (BEREC)" is directly applicable and will enter into force in 20 days. BEREC will provide a force for consistent regulation across Europe strengthening the single telecoms market.

Issue no. 404 - 21 December 2009

• EU - Europäischer Gerichtshof kippt "Lex Telekom" (Heise)
  Absehbare Schlappe für Deutschland und die Telekom: Die von der letzten Bundesregierung im Telekommunikationsgesetz (TKG) verankerten regulatorischen Rahmenbedingungen für neue Netze verstoßen gegen europäisches Recht. Mit diesem Urteil (Az: C-424/07) kippt der Gerichtshof der Europäischen Union (EuGH) in Luxemburg den § 9a des TKG, von Kritikern auch "Lex Telekom" genannt. Diese Regelung nahm neue Märkte grundsätzlich von der Regulierung durch die Bundesnetzagentur aus. Wettbewerber der Telekom und die EU-Kommission hatten den Paragraphen vehement als "Regulierungsferien" für das VDSL-Netz der Telekom kritisiert.

Issue no. 403 - 24 November 2009

• Convergence in the electronic communications markets: challenges for the EU regulatory policies (RAPID)
  Speech by Viviane Reding, Member of the European Commission responsible for Information Society and Media. CMT's II International meeting: "Regulation in a convergent environment" Barcelona, 23 November 2009.

• EU - European 'internet freedom' law agreed (ZDNet UK)
  Europe is set to get a major overhaul of its telecoms regulation, after the European Parliament and Council of Telecoms Ministers reached a compromise on the rights of internet users across the continent. The Telecoms Reform Package is a raft of new laws that tackle issues ranging from data-breach notification to faster number porting. The package will now become part of national legislation in every EU country, with a deadline of May 2011. see Commission Press Memo. See also Press Release following EP approval.

• EU - TV spectrum to be used for mobile broadband (ZDNet UK)
  The European Commission has called on member states to speed up their switchover from analogue to digital television, to free up spectrum for wireless broadband services. The Commission first announced its intention to set aside the so-called 'digital dividend' spectrum for wireless broadband in 2007. Since then, consultations and industry negotiations have taken place, leading to the proposals set out by the Commission. See also Commission Press Release.

Issue no. 401 - 26 July 2009

• EU - Public consultation on use of the Digital Dividend radio spectrum (Europa)
  Public consultation "Transforming the digital dividend opportunity into social benefits and economic growth in Europe" The purpose of this consultation document is to obtain comments and views from all interested stakeholders on the use of the Digital Dividend radio spectrum released through the transition to digital terrestrial television. It outlines proposals being considered as part of the planned EU roadmap, both for short term action as well as longer-term policy debate, in order to assist the Commission in finalising these proposals.All citizens and organisations are welcome to contribute to this consultation. Contributions are sought particularly from private citizens, from representatives of Member States' authorities, broadcasters, wireless and mobile operators, the programme-making and special events community, and other users or potential users of radio spectrum affected by the Digital Dividend policy actions. The deadline for submitting responses is 4 September 2009. See consultation document.

Issue no. 400 - 5 July 2009

• EU - Broadband : Commission consults on regulatory strategy to promote very high speed Internet (RAPID)
  The European Commission has launched a public consultation on its revised proposals for the regulation of Next Generation Access (NGA) broadband networks, in the form of a draft Commission Recommendation. A previous public consultation held during the last quarter of 2008 confirmed general support for the objective of the Commission to achieve a common regulatory framework for NGA in order to foster timely investment in very high speed networks while ensuring that the competitive structure of the market is maintained. In the light of comments from stakeholders, the revised draft Recommendation includes mechanisms to allocate the investment risk between investors and operators seeking access to NGA networks. The draft Recommendation forms part of the European Broadband Strategy that the March European Council invited the Commission to develop by the end of 2009. The public consultation will be open until 24 July 2009. The Commission plans to adopt the Recommendation, taking account of comments received, before the end of 2009. See also frequently asked questions.

• EU - Commission clears ARCEP's proposal to maintain regulation in French broadcasting transmission services (RAPID)
  The European Commission has cleared the proposal of the French telecoms regulator ARCEP to maintain regulatory obligations on the incumbent TV transmission services operator TDF. The regulation will apply to those TDF masts and sites that are impossible or very difficult to replicate. Alternative transmission service providers need to have access to these sites under adequate conditions to provide competing transmission services to digital television broadcasters and multiplex operators. At the same time, however, the Commission invites ARCEP to monitor the extent to which TDF's sites can be replicated and the competitive developments on the market so as to ensure that the regulatory obligations to be imposed on TDF remain justified and proportionate.

Issue no. 399 - 7 June 2009

• EU - Commission acts on termination rates (RAPID)
  The European Commission has set out clear guidance for EU telecoms regulators on the cost-based method to be used when calculating termination rates - the wholesale fees charged by operators to connect the call from another operator's network which are part of everyone's phone bill. The guidance is in the form of a "Recommendation" that national regulators are obliged to take "the utmost account" of. The Recommendation indicates specifically that termination rates at national level should be based only on the real costs that an efficient operator incurs to establish the connection. see Frequently Asked Questions. see also Ending the Fixed-Mobile-Subsidy: the new Commission Recommendation on Termination Rates in the EU Speech by Viviane Reding, Member of the European Commission responsible for Information Society and Media.

• EU - Net-neutrality clause likely to delay telecoms reform (ZDNet.co.uk)
  The last-minute addition of a net-neutrality clause to a package of telecommunications reforms will probably delay the package's approval by telecoms ministers, the European Parliament has said. The Parliament voted through the Telecoms Package, which includes a mixture of reforms covering topics ranging from number-porting and data-breach notification to radio-spectrum use and the establishment of a Europe-wide telecoms super-regulator. The sticking point is a clause inserted shortly before the vote that says "no restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities ... save when public security is threatened". The Telecoms Package also stated that internet access was a fundamental right. The clause in question, numbered 138/46, is widely seen as a way of stopping so-called "three-strikes" legislation, such as the Hadopi bill that the French parliament rejected last month but will reconsider on 12 May. Such legislation can force ISPs to cut off users who are suspected of illegal file-sharing. see European Parliament Approves EU Telecoms Reform but Adds 1 Amendment: Commission Reaction (RAPID).

Issue no. 397 - 8 March 2009

• EU - New telecom rules face delay after talks break down (IDG News Service)
  Prospects for a quick conclusion to talks about a change in Europe's telecom rules were dashed with blame for the stalled negotiations leveled at the Czech government by, among others, the author of the reforms, Commissioner Viviane Reding. The Czech Republic holds the six-month rotating presidency of the European Union. In a meeting with the European Commission and the European Parliament it held out against an agreement, even though a majority of the 27 countries it was negotiating on behalf of were ready to sign a compromise.

Issue no. 393 - 9 November 2008

• EU - Commission amended proposal on Telecoms Reform package (RAPID)
  The European Commission is publishing new legislative texts on the EU Telecoms Reform package to take account of the European Parliament vote of 24 September 2008 and the ongoing discussions in the Council. The new texts presented by the Commission will be discussed in the Council of Telecoms Ministers on 27 November. At the heart of the compromise texts is a new, small and independent office for Europe's telecoms regulators that should help the Commission to bring about more consistency to regulatory measures on Europe's telecoms markets. The new regulatory framework is expected to become law in all 27 EU Member States by 2010.

Issue no. 392 - 5 October 2008

• EU - MEPs back altered telecoms reform (OUT-LAW News)
  The European Parliament has voted in favour of reforms of telecommunications laws that members hope will boost competition and provide consumers with clearer information. The Parliament rejected some of the measures proposed by the European Commission. The alternative plan created a co-regulatory body that would consult national telecoms regulators and the Commission but would not fall under direct Commission control. see also Commission reaction.

• UK - VoIP providers must allow 999 calls and give caller-location data (OUT-LAW News)
  Providers of internet telephony must now allow emergency 999 calls over their networks or face the risk of enforcement action, regulator Ofcom has said. Caller location information must also be provided where technically feasible. It affects businesses such as BT, Vonage and Skype that offer services that connect VoIP calls to the public telephone network.

Issue no. 390 - 20 July 2008

• EU - MEPs reject plan for telecoms super-regulator (OUT-LAW News)
  A European Parliament committee has rejected the European Commission's plans for an EU-wide telecoms regulator. The MEPs have proposed an alternative body which will have fewer powers. Viviane Reding, the Telecoms Commissioner, has criticised the plan, saying that the alternative body would not be able to act quickly enough. The Industry, Research and Energy Committee (ITRE) of the Parliament approved a report by Spanish socialist MEP Pilar del Castillo which proposes the new agency, the Body of European Regulators in Telecommunications (BERT) as an alternative to the Commission's proposed European Telecoms Market Authority (ETMA).

Issue no. 389 - 22 June 2008

• EU - Telecom ministers dismiss plan for regulatory body (IDG News Service)
  The 27 telecommunication ministers of the European Union unanimously dismissed Commissioner Viviane Reding's plans to create a powerful central telecom regulatory body at a meeting in Luxembourg. They were more supportive of other elements of her reform plans, including the functional separation punishment with which she wants to threaten former telecom monopolies. They also backed her latest idea: to issue guidelines for the telecom industry on ensuring a fair return on investment and sharing of next-generation telecom infrastructure. See Council Press Release.

Issue no. 385 - 21 March 2008

• EU - Telecoms Report: 8 EU Member States ahead of the US in broadband deployment (RAPID)
  Denmark, Finland, the Netherlands and Sweden are world leaders in broadband deployment with penetration rates over 30% at the end of 2007, says the European Commission's 13th Progress Report on the Single Telecoms Market. These EU countries, together with the United Kingdom, Belgium, Luxembourg and France, all had broadband penetration rates higher than the US (22.1%) in July 2007. 19 million broadband lines were added in the EU in 2007, the equivalent of more than 50,000 households every day. The broadband sector generated estimated revenues of € 62 billion and Europe's overall penetration reached 20%. However, there is considerable scope for further consumer benefits from a reinforced single market, strengthened competition and reduced regulatory burden for market players.

• EU - The Wireless Growth Potential: the Economic Case for an Ambitious Reform of Spectrum Management (RAPID)
  Speech by Viviane Reding. Member of the European Commission responsible for Information Society and Media. Joint dinner of the European Regulators Group (ERG) and the Radio Spectrum Policy Group (RSPG) Gothenburg, 27 February 2008.

• EU - Watchdogs seek to thwart telecom authority plan (Reuters)
  Europe's national telecoms regulators will propose a beefed up role for themselves in a bid to thwart European Commission plans for a new pan-EU watchdog. he European Regulators Group (ERG) is expected to make public its proposal, to coincide with a European Parliament hearing on the European Union executive's plans to shake up the bloc's telecoms rules. EU Telecoms Commissioner Viviane Reding has proposed a new electronic communications market authority, but national watchdogs and some lawmakers say it could end up being a Brussels-based bureaucracy, isolated from markets.

Issue no. 384 - 24 February 2008

• EU - Commission approves OFCOM proposal to de-regulate part of UK broadband market (RAPID)
  The Commission has approved the proposal of the UK telecoms regulator Ofcom to de-regulate the wholesale broadband market in some parts of the UK, covering around 65% of all UK homes and businesses This is the first time that a national telecoms regulator in the EU has identified different broadband markets in different geographic areas within a country and proposed lifting regulation in those geographic areas now characterised by effective competition. The Commission supports Ofcom's proposal, which is based on detailed economic evidence, to deregulate local exchanges with four or more actual or potential providers serving areas with more than 10,000 homes and businesses.

Issue no. 383 - 27 January 2008

• EU - The Access Revolution: an evolution of regulation for competition (RAPID)
  Viviane REDING, Member of the European Commission responsible for Information Society and Media, KPN Annual Event, Brussels, 14 January 2008.

Issue no. 381 - 8 December 2007

• EU - Better Regulation for a Single Market in Telecoms (RAPID)
  Speech by Viviane Reding, Member of the European Commission responsible for Information Society and Media, Regulators Group, Athens, 11 October 2007.

• EU - Commission acts to reduce telecoms regulation by 50% to focus on broadband competition (RAPID)
  As part of its package of telecom reform proposals, the European Commission has adopted a new Recommendation on the markets where telecom-specific regulation should take place. The original 2003 version of this Recommendation listed 18 retail and wholesale markets where the Commission considers that specific ex ante regulation is required by national telecoms regulators to deal with competition problems. To reflect the progress made in the past years in most EU Member States in terms of competition and consumer choice, the Commission concluded that in principle there is no need for regulators to intervene in half of these markets. At the same time, this move will allow regulation to better focus on the main bottlenecks in the telecoms sector.

• EU - Commission proposes a single European Telecoms Market for 500 million consumers (RAPID)
  The Commission has adopted proposals for a reform of the EU telecoms rules. The Commission proposes strengthening consumer rights; reinforcing competition between telecoms operators; promoting investment in new communication infrastructures, in particular by freeing radio spectrum for wireless broadband services; and making communication networks more reliable and more secure, especially in case of viruses and other cyber-attacks. A new European Telecom Market Authority will support the Commission and national telecoms regulators in ensuring that market rules and consumer regulation are applied consistently, independently and without protectionism in all 27 EU Member States. To become law, the Commission proposals will now need to be approved by the European Parliament and the EU Council of Ministers.

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