Friday, 29 April 2011

Commission sends letter of formal notice to Greece for rights of way

DG INFSO's spreadsheet on the pending cases against Member States, shows that a letter of formal notice has been sent to Greece concerning the issue of rights of way. It will be interesting to see at least the Commission's official press release on the issue, as there is a pending Joint Ministerial Decision (see a previous post) which concerns though rights of way through only "public" territory.

UK Competition Commission consults on new merger procedural guide and updates market investigation guidelines

The CC launched a consultation regarding its review of its merger procedural guide and provided a draft of its market investigation guidelines updated (see the press release with linkt ot the relevant documents).

UK Competition Commission issues telecoms appeals guidance

The CC issued guidance on telecom appeals that are brought by CAT whenever a pricing issue arises (see the press release).

Commission launches consultation on best practices in national merger reviews

The Commission launched a consultation seeking to define the best practices to be adopted by NCAs in the context of exchanging information in merger review cases that do not fall under the EU merger regime but require clearance from several NCAs (see the press release and the page of the consulation)

French operator Free complies with NRAs suggestions not to exclude certain numbers from its high volume offers

Free, in view of the pending procedure before ARCEP, decided not to exlcude "certain geographical (01 to 05) and non geographical (09) numbers from its high-volume offers" and the latter acknowledged that decision (see ARCEP's press release).

Moldova's NRA imposes accounting obligation on Moldtelecom

ANRCETI requires Moldtelecom to provide separate accounting reports for each of Moldtelecom's activities (see the press release).

Wednesday, 27 April 2011

French NRA consults on markets 4 and 5

ARCEP has launched its consultation and notified accordingly the Commission on its provisional decisions concerning wholesale physical network infrastructure access and wholesale broadband access (see the press release with links to the provisional decisions).

British regulator issues guidelines on fair and reasonable fixed termination rates

By its statement, Ofcom made public its guidelines on how providers other than BT "can set fair and reasonable wholesale charges for termination of calls to geographic telephone numbers".

British regulator consults on the new BCMR

Ofcom has launched its consultation on the review of the Business Connectivity Market Review which more or less sets the framework for determining on which segments of the leased lines and the bauckhaul circuits services will be susceptible to regulation.

British regulator consults on the long term handling of the UHF frequencies

Ofcom has launched its consultation on "developing a framework for the long term future of UHF spectrum bands IV and V". The consultation comes as a result of the discussion taking place on whether a part of the UHF frequencies should be used for mobile broadband after the digital switch over.

Swisscom overturns antitrust fine

Swisscom succeded in overturning the fine imposed by the Swiss Competition Authority for allegedly abusing its dominant position in the mobile termination market (see cellular-news.com).

US DoJ and German Competition authority give green light to CPTN

The US DoJ and the German Competition Authority gave the green light to the creation of CPT, a joint venture made up by Microsoft, Oracle, Apple and EMC in order for the latter to acquire Novell's patents.

Wednesday, 20 April 2011

FCC launches review of the AT&T/T-mobile merger

The US Authority, launched its review on the AT&T/T-mobile merger (see the public notice and protective order).

Italian NRA launches consultation on number portability

In view of the telecoms package's provisions as regards number portability, AGCOM launched a consultation on the review of the number portability regulatory regime.

French regulator's consultation on fibre deployment cost annualization methodology

ARCEP has launched its consultation regarding the "criteria for choosing an investment cost annualization methodology and the transition from copper to fibre" which will run up until 2 May 2011.

DEA Judicial Review dismissed

The ISPs judicial review of the Digital Economy Act was dismissed (see the High Court's decision) and thus they will have to comply with the three strikes regime.

Commission's Art. 7 Comments to Latvian regulator on fixed call termination

The Commission, issued its decision and stressed to the Latvian NRA in respect to the latter's 3rd round of review of the fixed call termination market the following:

1) "The Commission recalls that in its previous notification related to the costing methodology and the tariffs proposed for Lattetelecom (notified under case LV/2010/1029) SPRK committed itself to modify its adopted measures in the event this became necessary as a result of the EU-wide and national consultation procedure. However, in its present notification, SPRK reconfirms the adoption of the costing methodology and the tariffs as notified in case LV/2010/1029,without indicating a modification in line with the Commission's previous comments regarding the need to align the costing methodology with the Termination Rates Recommendation. Therefore, the Commission reiterates its earlier comment on the need for both an appropriate price control and a cost accounting obligation".

and

2) "SPRK does not propose to impose an access obligation on ANOs. However, in termination markets, commercial agreements cannot always ensure that customers are at all times connected to all networks. Under certain circumstances, operators may temporarily refuse the termination of calls in order to either secure higher termination rates or foreclose the market for specific forms of interconnection.

SPRK indicates that no such situation has occurred yet and it is in a position to impose access in a dispute settlement procedure and also on its own initiative. However, such ex post intervention of SPRK may not be timely enough to prevent that an access denial occurs, which negatively affects consumers. Therefore, in line with previous comments made in similar cases, the Commission invites SPRK to impose an effective access obligation also on ANOs".

Ofcom's orders to Talk Talk on emergency calls investigation

Ofcom's onwn initiative investigation into Talk Talk concerning compliance with General Condition 4 (Emergency Calls), has led to the imposition of specific obligations as there were indications, according to the regulator, that Talk Talk did not complied with specific provisions related to access to emergency calls and caller location infromation. Ofcom ordered in particulal, that Talk Talk "complete the audit that it is currently undertaking (including the appropriate implementation of any findings and recommendations that arise from that process) to ensure that Talk Talks Caller Location Information reflects the correct location at which TalkTalks services are being provided to its customers, and to ensure that its future arrangements in relation to Caller Location Information (for new and existing customers) enable TalkTalk to comply with its obligations under GC 4.2" (see the update note).

European Commission's consultation on Broadband State Aid Guidelines

The Commission, in view of the reform of the Broadband State Aid Guidelines, has launched a consultation which will run up until 31 August 2011 (see the press release).

Greek regulator issues warning on harmful interference by wireless phones

EETT issued a warning (in greek) on possible harmful interference caused by DECT 6.0 wireless telephones on UMTS frequencies. The problem identified is that according to EETT American originated DECT 6.0 devices transmit in 1,9 GHz which is quite close to the UMTS frequencies. In any case EETT has certified equipment transmitting only in 1,8 GHz.

Tuesday, 19 April 2011

Sky enters the Opal Telecom - Openreach dispute on LLU charges

Ofcom decided to include Sky in the Opal Telecom - Openreach dispute on LLU charges after finding that Sky's complaints against Openreach are more or less the same with Opal's (see the update note).

Net neutrality - the European perspective

After the battles (legal as well) on the net neutrality issue in the US, the European Commission adopts a more modest approach. In fact, the Commission, in its Communication on the issue, seems reluctant to regulate and will wait to see BEREC's findings. In any case, the Communication, stresses teh fact that net neutrality issues may give raise to competition law concerns (see the press release).

Greek HDTV war

The national broadcaster, ERT, decided to broadcast some of its programmes offered through its digital bouquets, in HD, raising private broadcasters' concerns. Private broadcasters claim that this move distorts competition as they may not under the current regime (financial as well) broadcast in HD (see relevant articles in imerisia, skai and naftemporiki, in greek).

Greek NRA consults on accounting separation of the MNOs

EETT launched a consultation (in greek) regarding the ambit of the accounting separation obligation imposed on mobile operators.

Greek draft Joint Ministerial Decision exempting from license requirements small base stations

Tomorrow ends the dealine for submitting comments to the draft Joint Ministerial Decision exempting from license requirements small base stations. In the draft, base stations with equivalent isotropically radiated power of less than 164 W, following other requirements as well, will be exempted from license requirements.

Monday, 18 April 2011

ARCEP conducts 3rd round of analysis of fixed telephony

The French regulator submitted to the Competition Authority its draft decision (in french) on the market analysis of fixed telephony (see the press release).

Commission adopts decision regarding the use of 4G wireless broadband devices on GSM frequencies

The Commission adopted its decision regarding the use of 4G wireless broadband devices on GSM frequencies and thus amending decision 2009/766/EC (see the press release).

Friday, 15 April 2011

Maltese NRA consults on the incumbents RUO

MCA launched a consultation on the Reference Unbundling Offer to be imposed on GO (see the press release).

Portuguese regulator consults on the revision of the calculation of the rate of cost of capital of PTC

ANACOM has issued a draft decision and launched a consultation on the revision of the calculation of the rate of cost of capital of PTC applicable to the years 2010 and 2011 (see the press release).

Thursday, 14 April 2011

AG's opinion in Scarlet Extended

Advocate General Cruz Villalón delivered his opinion (in french) in the Scarlet Extended case, admitting in principle that the imposition to ISPs of the obligation to filter the traffic for the protection of IP rights, acts against the provisions of the Charter of Fundamental Rights (see an overview of the opinion in europeantelecommunicationlaw.blogspot.com).

Irish regulator issues 900MHz interim licenses

In view of the forthcoming spectrum refarming to take place in 2013 and in view of the expiry of Vodafone's and O2's GSM licenses in 2012, ComReg has decided following its consultation, to issue interim GSM licenses to Vodafone and O2 till the 2013 switch upon the latter meeting the fees prescribed in the decision and upon the minister endorsing the decision.

Wednesday, 13 April 2011

Number protability introduced to fixed-tems contracts in Finland

Finland's regulator, FICORA, made obligatory for operators "to port a telephone number to another operator even if the validity of a fixed-term subscription agreement has not expired" (see the press release).

RSPP programme passes the European Parliament's committee

Good news for telecoms industry; The Industry, Research and Energy Committee voted in favour of the Radio Specrum Policy Programme (see press release). The programme will now pass to the Parliament's plenary.

Spanish NRA finally adopts its price control obligation in WBA, PNIA, and Fixed Call Origination markets

Following (chronologically) the Commission's comments, CMT adopted its price control obligation to be imposed on the SMP operator in the Wholesale Broadband Access, wholesale Physical Network Infrastructure Access and Fixed Call Origination markets (see the press release and the decision, in spanish).

Tuesday, 12 April 2011

Ofcom's consultation on price controls for wholesale ISDN30 services

Ofcom will hold open up until 10 June 2011, its consultation on price controls for wholesale ISDN30 services that Openreach provides.

FCC adopts Pole Attachments Order

The FCC "reformed its pole attachment rules to streamline access and reduce costs for attaching broadband lines and wireless antennas to utility poles across America - a key
component of broadband infrastructure" by adopting the Pole Attachments Order.

Irish regulator's proposed Spectrum strategy and review of 2008-2010

ComReg has published its review of 2008-2010 and the proposed spectrum strategy for managing the radio spectrum in the years to come (2011-2013).

Art. 29 WP's Opinion on e-Privacy Directive

The Art. 29 Data Protection Working Party has released its opinion on the "status and the way in which Member States are transposing the personal data breach provisions of the ePrivacy Directive in their national laws".

Monday, 11 April 2011

Art. 7 Comments to Dannish NRA on its remedies in markets 1 - 7

According to previous NITA's decisions "TDC has been designated as an undertaking with significant market power (SMP) on (i) the retail market for access to the public telephone network provided at a fixed location, (ii) the wholesale market for call origination on the public telephone network provided at a fixed location, (iii) the wholesale market for call termination in the public telephone network provided at a fixed location, (iv) the wholesale market for (physical) network infrastructure access, (v) the market for wholesale broadband access, (vi) the wholesale market for terminating segments of leased lines, and (vii) the wholesale market for termination of voice calls in individual mobile networks.

Price control obligations have been imposed to TDC on all of these markets. For the retail market for access to the public telephone network provided at a fixed location and the wholesale market for terminating segments of leased lines, all prices are set on the basis of historical costs. For the remaining markets prices are to be set on the basis of Long Run Average Incremental Cost (LRAIC), except for certain ancillary services where historical costs are used.

NITA proposes in its draft measure to apply a WACC of 6.90% for the 2010 financial year to be used for the historical cost method (compared to 7.75% for year 2009). According to NITA's reply to the request for information the same level of WACC will be applied to the fixed network LRAIC model.

The Commission, in its decision, had no comments to make.

Art. 7 Comments to Italian regulator on Fixed Call Termination and Origination and Fixed Transit Services

"In the present notification, AGCOM proposes to set ATOs' termination rates equivalent to TI's tariff at SGT level for the year 2011. This leads to higher and asymmetric rates for ATOs in 2011, not reflecting the case of an efficient operator contrary to what is foreseen in the Termination Rates Recommendation.

For 2012 AGCOM intends to introduce rates for ATOs, which are either equivalent to TI's rates at SGU level in a TDM technology or to rates at IP level coming out of a BU-LRIC model. It is yet unclear which rates will finally apply but they seem to depend on whether or not an individual ATO has migrated to IP level. This could even lead to different rates for individual ATOs and overall asymmetries of FTRs, which would neither reflect efficient provisioning of termination services nor be in line with the principles of the Termination Rates Recommendation".

The Commission in its decision, "therefore ... urges AGCOM to set the tariffs of all fixed network operators in a symmetric way at the level of an efficient operator at the earliest possible time. In this respect, AGCOM would have to decide whether, on a forward looking basis, efficient rates are equivalent to the level of the tariff set for local call termination or at that cost level which is incurred by an operator which terminates calls at the level of TI's BBN/IP interconnection nodes. This could exceptionally justify that rates for all operators are set at a symmetric level corresponding to termination at a local SGU level in the interim period and, after such period, at a level corresponding to IP termination, in any event, as soon as the results of the BU-LRIC model referred to above are available".

The Commission, moreover, invites "AGCOM to clearly specify in its final adopted measure the migration rules and a period of notice for the expiry of the current access regulation at the lower (SGU) network level in order to encourage timely migration towards a higher (IP) network level and IP interconnection.

Art. 7 Comments to Polish NRA on MTRs cost model

In its decision, "The Commission notes that UKE’s proposal will lead to mobile termination rates in Poland that seem to get closer to the cost of an efficient operator but that they are still based on individual operators' costs. The Commission appreciates, however, that UKE proposes to adopt from 1 January 2013 a bottom up Long Run Incremental Cost model (BU-LRIC) in line with the Termination Rates Recommendation.

However, it appears that UKE plans to adopt the currently consulted draft measures only in case the on-going negotiations with mobile operators concerning infrastructure investments fail. The Commission notes in this respect UKE's assurance that any other draft measure replacing the currently proposed MTRs will be consulted at EU level. Without prejudice to any position the Commission may take with regard to such future notification, the Commission would like to point out, already at this stage, that the Termination Rates Recommendation does not allow for granting of higher MTRs to a select number of mobile network operators in return for any sort of commitments by the latter, in particular if this leads to asymmetries of rates in favour of such operators. In particular, it seems difficult to justify higher than the currently proposed rates with objective cost differences outside the control of the operators concerned, which would be, however, one of the requirements of the Termination Rates Recommendation for higher rates. It would appear that a commitment to invest in rural areas is within the control of the operator concerned. The Commission would therefore like to invite UKE to take utmost account of the Termination Rates Recommendation when setting MTRs other than proposed under the
current consultation.

In any event, the Commission would like to reiterate as well that UKE should consider setting at glide-path for MTRs until the end of 2012 in order to ensure transparency and legal certainty for market players.

US House of Representatives rejects FCC's Net Neutrality Order

Despite the rejection by the House of the Net Neutrality Order, it is not certain that it will be rejected by the Senate as well (see news.cnet.com and cellular-news.com). Meanwhile, carriers' lawsuits against the order before US courts were dismissed for being premature as the Order is not yet published in the Federal Register (see news.cnet.com).

Court Week 11/4/2011 - 15/4/2011

This week the AG's Opinion in Scarlet Extended will be delivered. The case concerns "processing of data passing through the Internet – Introduction by operators of a system for filtering electronic communications, in abstracto and as a preventive measure in order to identify users allegedly using files damaging copyright or related rights – Application of its own motion by the national court of the principle of proportionality – European Convention for the Protection of Human Rights and Fundamental Freedoms – Right to respect for privacy – Right to freedom of expression".

Also, the decisions in British Sky Broadcasting Group and Pace will be issued and which refer to customs issues as regards set-top boxes.

Friday, 8 April 2011

Art. 7 Comments to Hungarian NRA on its review of the PNIA and WBA market

The Commission notes to NMHH that in view of the latter's proposal "to mandate duct access only in those cases where unbundling is not technically feasible and to mandate access to dark fibre only where duct access is unrealizable for objective technical reasons, ... that in the Commission's NGA Recommendation no such conditionality has been established between unbundled access to the fibre loop and access to civil engineering infrastructure of the SMP operator. On the contrary, the NGA Recommendation clearly sets out that in Market 4 an NRA should, in principle, mandate both access to civil engineering infrastructure and unbundled access to the fibre loop".

NMHH proposes also "to impose on the SMP operators the obligation to offer ancillary services, which facilitate the backhauling of traffic to the access seeker's first point of network presence. The obligation covers, inter alia, network segments, which go beyond the access network and thus covers services, which are not part of the relevant market". The Commission however, "points out that NRAs may impose obligations in an area outside but closely related to the relevant market under review only if such imposition constitutes (i) the most appropriate, proportionate and efficient means of remedying the lack of effective competition found on the relevant market, and (ii) an essential element without which the obligation(s) imposed on the relevant market would be ineffective".

Lastly, with reagrd to the NRA's proposal of a 30 days lead time as regards NGA retail services, the Commission denotes that this is not sufficient time for competitive operators to respond and refers NMHH to the NGA Recommendation setting out that a 6 months lead time is resonable.

Art. 7 Comments to British regulator on price control in WBA

The Commission had no comments to make on OFCOM's price control to be imposed in market 1 (where only BT is present) and which provides;

"Even though BT offers several wholesale products/speeds in Market 1, with different speed options, Ofcom proposes to charge control only BT's 8 Mbit/s IPStream Connect Product, which is used by communications providers (CPs) to supply 86% of the retail
WBA-based services in Market 1. ...Ofcom explained that this product will be subject to the charge control irrespective of whether it is provided over the legacy network...or over the replacement next generation network... .

Ofcom proposes a three year RPI15-X charge control and explains that its methodology to determine the charge control is divided into five main stages: (i) identification of the appropriate charge control baskets; (ii) establishment of base year costs for the services covered by the charge control; (iii) forecast of costs of the services for the duration of the charge control; (iv) consideration of the need for one-off adjustments to starting charges; and (v) calculation of the value of X.

Ofcom proposes a single charge control basket and sets a charge control of between RPI –10.75% and RPI –14.75% for the three years up to March 2014, with a central
estimate of RPI –12.75%. In addition, Ofcom proposes RPI –0% sub-caps for a number
of services within the basket, in order to ensure that charges for these services do not increase in real terms over the charge control period".

Art. 7 Comments to British regulator on financial reporting and transparency obligations in WBA and Fixed Narrowband Wholesale Services

"Ofcom concluded that British Telecom (BT) has Significant Market Power (SMP) in two distinct geographical markets: ‘market 1’ (areas in the UK covered by exchanges where BT is the only operator); and ‘market 2’ (areas in the UK covered by exchanges where there are two principal operators and exchanges where there are three principal operators but where BT’s market share is 50% or more). In the current measure, Ofcom proposes to oblige BT to report each of those markets separately, for the purpose of consistency of the imposed cost accounting and accounting separation obligations.

In its previous assessment of fixed narrowband wholesale services markets, Ofcom concluded that BT no longer has SMP in the market for local tandem conveyance and the
transit market. Ofcom therefore revoked SMP obligations previously imposed on BT. In
the current measure, Ofcom proposes to implement its decision and to revoke cost accounting and accounting separation obligations with regard to those markets.

Moreover, in its previous assessment of fixed narrowband wholesale services markets,
Ofcom revoked the cost accounting obligation and re-imposed an accounting separation
obligation on the market for single transit services. In the current measure, Ofcom is implementing its previous decision.

Furthermore, in the present measure Ofcom proposes to improve the transparency and
presentation of information in BT’s regulatory and financial reporting".

The Commission had no comments to make.

Commission's Art. 7 Comments to Spanish NRA on price control obligations in PNIA, WBA and Fixed Call Origination

The Commission in its decision and in view of the predicted increase of prices in some areas (like LLU) urges CMT "to maintain the price regulation based on CCA FDC cost accounting while amending the price levels, where appropriate, according to the results of the latest audited costs, and to adopt as soon as possible a decision implementing the BU-LRIC model" since;

1) "the international benchmarking as adopted by CMT "is not a suitable price setting methodology in this case" as only 13 Member States were taken into consideration, "and may not allow for specific national circumstances that may impact on costs",

2)"in the absence of any concrete indications that the application of the BU-LRIC model will result in significantly higher prices it is premature to design a climb path towards "cost oriented" prices",

3) "one of the main arguments justifying the price increase for LLU and certain other items is CMT's assumption that Telefonica's costs are increasing due to customers switching away from PSTN to cable networks or mobile only subscriptions. The Commission notes that although this trend is visible in Spain, as well as throughout EU, the changes occurring in Spain do not seem to have such an extraordinary effect as to justify urgent and short term price adjustments",

4) "this switching phenomenon concerns only the residential customers, whereas Telefonica's non-residential customers are not affected" and

5) "CMT either indicates not to possess sufficient data or does not present a solid justification of how it takes into account the identified discrepancies between the 2008 and 2009 (Telefonica's)accounts".

FCC requires carriers to conclude data roaming agreements

The FCC issued an order under which it "requires facilities-based providers of commercial mobile data services to offer data roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to certain limitations".

Czech Constituional court finds parts of Data Retention implementing law unconstitutional

The Czech Constituional Court declared parts of the national law implementing the Data Retention Directive, uncostitutional. The reason was that many of the data that the law provided to be retained exceeded those data that the Data Retention Directive prescribed (see edri.org).

Thursday, 7 April 2011

US regulator provides more spectrum to MSS

The past few days there have been some posts on the MSS (Mobile Satellite Services) developments in the EU. Now the FCC adopted an order, making available more spectrum for MSS and requiring that MSS/CGCs will adhere to the framework established for wireless transmission as well (see the FCC's order).

Wednesday, 6 April 2011

CC's and OFT's good practice guide in the design and presentation of consumer survey evidence in merger inquiries

UK's Competition Commission and Office of Fair Trading have publlished their good practice guide in the design and presentation of consumer survey evidence in merger inquiries.

Romanian regulator ceases Infoclick and Newsphone Hellas as universal service providers in directories

ANCOM decided to remove Infoclick and Newsphone Hellas of their designation as universal service providers in directory enquiry services for failing to prove that they had published 6 million hard copies of their subscriber directory as required (see the press release).

Portuguese regulator approves PT's subsidy for DTT equipment

ANACOM has allowed PT to subsidy "the purchase of DTT equipment by citizens with special needs, disadvantaged groups of population and institutions of a proven social value" (see the press release).

Portuguese NRA's consultation on mobile termination cost model

ANACOM has launched a "consultation on the methodological definition for the development and implementation of a cost model for mobile termination. This consultation includes the report "Conceptual approach for mobile BU-LRIC model", prepared by the company Analysys Mason on the methodological options to be considered in the termination cost model to be developed by this Authority". The consultation will run up until 23 May 2011 (see the press release).

French regulator decides to calculate costs entailed in number portability

Following SFR's complaint on France Telecom's tariffs in number portability, ARCEP, decided to engage into an analysis of the costs incurred in number portability (see the press release).

European Commission and US Governement agree on common principles in telecoms

The European Commission and the US Governement have agreed, whithin the ambit of the Transatlantic Economic Council (TEC), upon ten principles to be promoted in telecoms which are:

" 1)Transparency of rules affecting trade in ICT and ICT services
2) Open networks for consumers to access and distribute information, applications
and services of their choice
3) Cross-border flows of information
4) No requirement to use local infrastructure for ICT services
5) Governments should allow full foreign participation in their ICT services
sector, through establishment or other means
6) Efficient and maximised use of radio spectrum
7) Independence of regulatory authorities overseeing ICT services
8) Simple authorisation of competitive telecommunications services
9) ICT service suppliers must have the right to interconnect with other service
providers for access to publicly available telecommunications networks and
services. Public telecom services suppliers should be able to negotiate and
obtain interconnection with major suppliers at cost-oriented,
non-discriminatory and transparent rates.
10) International cooperation with a view to increasing the level of digital
literacy in third countries and reducing the 'digital divide'" (see also the
Commission's press release).

Commission closes infringement case against Italy on unsolicited calls

The Commission closed its case against Italy, since the latter enabled an effective opt-out alternative, for those consumers, whose details where listed in directories but did not want any unsolicited telemarketing phone calls (see the press release).

Latvian infringement case on independence closed

The Commission dropped its infringement case against Latvia, since the latter took the radio frequencies and numbering powers from the Ministry of Transport, which "also exercised ownership and control functions in state-owned communications network and service providers", to the Ministry of Environmental Protection and Regional Development (see the press release). This is strange case for the Commission, since the regulatory functions on radio frequency and numbering are not vested to an independent authority.

RFID agreement signed

Staekoholders signed today the voluntary agreement on the use of RFID tags, named "Privacy and Data Protection Impact Assessment (PIA) Framework for RFID Applications". This is a key moment for Data Protection as it makes privacy by design a reality (see the Commission's press release and the agreement).

German regulator reduces DT's LLU fee

BNetzA decided to reduce under its new cost model, Deutsche Telekom's LLU access fee it charged competitive operators (see the press release).

Tuesday, 5 April 2011

New Greek number portability regime

The Greek NRA announced it will implement the new number portability regime whereby the days for the portability to take place are reduced from 10 to 3, on 2 May 2011 (see EETT's press release).

Monday, 4 April 2011

Commission's Art. 7 Comments on OFCOM's charge control on NTS and PRS

OFCOM has re-adjusted the price control remedy imposed on BT regarding NTS (Number Translation Services) and PRS (Premium-Rate Services). The Commission made no comments in its decision.

Irish regulator's reduction on incumbent's leased fibre lines access

ComReg has reduced the incumbent's charges regarding the provision of PPC (Private Partial Circuit) fibre access prices (see the document).

Friday, 1 April 2011

Commission's Art. 7 Comments to Dannish NRA on LLU, WLR, bitstream access and terminating segments charge control

The Commission had no comments to make to NITA regarding the latter's decision "to set the prices for a number of services (Such services are for example the connection of fibre pairs in the optical distribution frame between termination points, the installation of different types of trunk cables for collocation, the migration of several connections, the delivery/set-up of the DSL cabinet and the transfer of end-customers) that are supplementary to the provision of those wholesale services and are not included in the annual price decisions that are adopted on the basis of the LRAIC methodology.

Charges for these services are set according to historical costs. NITA estimates the costs (mainly labour costs) on the basis of the annual cost documentation submitted by TDC (the incumbent) and makes amendments when it detects that they are excessively high (e.g. compared to the hourly wage costs considered in the LRAIC model)".

UK's Department of Culture on spectrum release

UK's Department for Culture, Media and Sport have release a consultation regarding the governmen's planning to release 500MHz by 2020 (see the press release and the consultation's document).

OFCOM's consultation on LLU-WLR charge control

UK's regulator launched a consultation regarding the review of the LLU and WLR charge control.