Monday, 31 October 2011

OFCOM consults on new enforcement guidelines

OFCOM has launched a consultation concerning its new draft enforcement guidelines.

US adopts new Universal Service and Intercarrier Compensation regime

The FCC voted unanimously on the reform of the Universal Service and Intercarrier Compensation systems. The full document is not available yet but see the news release and the executive summary.

Commission sends Reasoned Opinion to Greece on rights of way

The European Commission sent a Reasoned Opinion to Greece, demanding appropriate legislative framework be in place as regards rights of way. As noted in an older post, the Commission had sent, first, a Letter of Formal Notice in April 2011. Till now, besides the general framework of the Law 3431/2006 which requires further, ministerial decisions, and a draft ministerial decision on rights of way through public property, nothing has been done on the issue (see the Commission's press release).

Thursday, 27 October 2011

Vivendi and Canal Plus group renotify acquisition of TPS

The French Competition Authority made public the renotification of the acquisition of TPS by the Vivendi and Canal Plus group following the previous withdrawal of approval of the said acquisition which took place in 2006 as the acquirers did not comply with their commitments to the French Authority (see the press release ).

Wednesday, 26 October 2011

Commission's Art. 7 Comments to the Danish NRA on the latter's price control remedy in SMS termination

The European Commission made the following comments, in its decision, to the Danish NRA on the latter's price control remedy in SMS termination:

"Limited scope of price regulation

The Commission notes that NITA's proposed price regulation still only applies to those operators which compete with Danish mobile operators at retail level. In case DK/2011/1181 the Commission already questioned NITA’s conclusion that operators of other EU countries are offered better rates by Danish mobile operators and that there is a more dynamic pricing policy towards operators with whom there is no retail competition. Pricing data collected at the time by NITA also showed that, absent regulation, the price for terminating a foreign SMS is in some cases up to twice as high as the one for terminating a national SMS, and that the termination bottleneck affects the termination of foreign SMS probably in an even stronger manner. Despite the Commission's comment issued in case DK/2011/1181, NITA did not, however, provide further relevant data to support
its conclusions on the greater pricing dynamic. Therefore, the Commission's
concern as to the potentially discriminatory effects of the price regulation as
expressed in by the Commission in case DK/2011/1181 remain fully pertinent.

In addition, the Commission is concerned that the potentially discriminatory effects may be acerbated by the presently proposed decrease of regulated tariffs. As a result, the price gap between foreign and national SMS termination services is likely to increase.

Against this background, the Commission asks NITA to collect, perhaps with the support of the BEREC, the relevant data on cross-border SMS traffic of Danish MNOs and their internationally interconnected operators (including traffic volumes). Should the Commission's concerns be confirmed then NITA should, by way of a new remedy decision, broaden the scope of price regulation to include also SMS termination services offered to operators not competing on the Danish retail market".

UK's Competition Wathdog consults on updated penalty and leniency guidance

OFT consults on updated penalty and leniency guidance (see the relevant page).

Greek NRA sets under consultation the incumbent's Reference Offers as regards WLR and WBA

EETT consults on OTE's Reference Offers as regards its offer of wholesale line rental and wholesale broadband access, till 25 November 2011.

UN Commission sets new broadband targets

The Broadband Commission for Digital Development set new global broadband targets the attainment of which will assist in reaching the UN's millenium development goals. The Broadband Commission requested in particular, as endorsed by the Broadband Leadership Summit which took place within the ambit of ITU's world 2011:

"1. We call on world leaders to ensure that at least half the developing world’s population and 40% of households in developing countries are using broadband Internet by 2015. Consumers in all countries should have access to affordable broadband Internet services, including in developing countries.

2. We call on industry to develop innovative business models needed to realize this vision.

3. We call on governments to make broadband policy universal and to develop the enabling policy and regulatory frameworks to ensure that industry has a stable regulatory space in which to operate, flourish and harness broadband for sustainable human development.

4. We call on governments to develop policies and targets for online health and education at the national level to stimulate demand for broadband services.

5. We call on governments and civil society within a fully inclusive and consultative process to stimulate local content production as well as the development of local language services and applications for an inclusive digital world".

See the full text here.

CJEU delivers judgment with significant impact on jurisdiction issue regarding internet defamation (and not only...) cases

The CJEU delivered its judgment in the eDate Advertising case according to which:

"Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the event of an alleged infringement of personality rights by means of content placed online on an internet website, the person who considers that his rights have been infringed has the option of bringing an action for liability, in respect of all the damage caused, either before the courts of the Member State in which the publisher of that content is established or before the courts of the Member State in which the centre of his interests is based. That person may also, instead of an action for liability in respect of all the damage caused, bring his action before the courts of each Member State in the territory of which content placed online is or has been accessible. Those courts have jurisdiction only in respect of the damage caused in the territory of the Member State of the court seised.

Article 3 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), must be interpreted as not requiring transposition in the form of a specific conflict-of-laws rule. Nevertheless, in relation to the coordinated field, Member States must ensure that, subject to the derogations authorised in accordance with the conditions set out in Article 3(4) of Directive 2000/31, the provider of an electronic commerce service is not made subject to stricter requirements than those provided for by the substantive law applicable in the Member State in which that service provider is established" (see the full text of the judgment).

Commission objects Telefonica's - Portugal Telecom's non compete agreement

The European Commission sent its statement of objections to Telefonica and Portugal Telecom as regards their non-compete in the iberian markets agreement (see press release).

Monday, 24 October 2011

Polish Competition Watchdog approves acquisition of Polkomtel by Spartan Capital Holdings

"The President of the Office of Competition and Consumer Protection has given her consent to take control over Polkomtel by Spartan Capital Holdings" (see UOKiK's press release).

Portuguese Auction Regulation for the allocation of rights of use in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands published

Portuguese Auction Regulation for the allocation of rights of use in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands published (see ANACOM's press release).

French NRA consults on 470 - 789 MHz and 823 - 832 MHz frequency bands audio equipment

"ARCEP is launching a public consultation to obtain feedback from stakeholders on planned changes to the regulatory framework governing the use of audio equipment for services ancillary to programme-making and broadcasting employing the 470 - 789 MHz and 823 - 832 MHz frequency bands" (see ARCEP's press release).

OFCOM seeks to measure media plurality

OFCOM has set under scurtiny the media plurality regime following the renowned case of the proposed acquisition of British Sky Broadcasting Group by News Corporation a few months ago and hence seeks to form a media plurality model (see OFCOM's relevant page).

Friday, 21 October 2011

Three expected bidders for the Greek 900, 1800 MHz spectrum auction

EETT, the Greek NRA, announced that Cosmote, Wind and Vodafone will take part in the 900, 1800MHz spectrum auction which will take place in November 2011 (see EETT's press release, in greek).

Commission's Art. 7 Comments to the Danish NRA on its price control remedy in the mobile termination market

The European Commission, in its decision, had no comments to make as regards the Danish NRA's price control remedy to be imposed in the mobile termination market (see the decision).

Italian NRA initates procedure on 2012 universal service quality objectives

AGCOM launched the procedure on setting for 2012 the universal service quality objectives (see the NRA's relevant page).

Poland and Belarus sign co-ordination agreement in 800MHz

Poland and Belarus signed a co-ordination agreement as regards the 800MHz (see the Polish NRA's press release).

Swedish 1800MHz spectrum auction closed

Sweden's 1800MHz spectrum auction closed with Teliasonera ending up with 2X25 and Net4Mobility with 2X10MHz (see the relevant page).

Thursday, 20 October 2011

Proposed Regulations on Connecting Europe Facility and trans-European network guidelines

The Proposed Regulation on the Connecting Europe Facility, the Commission's 9 billion plan to boost the deployment of fibre networks and the proposed Regulation on the guidelines as regards trans-European networks were made public.

Wednesday, 19 October 2011

Commission's 9 billion plan to bring NGA deployment

The European Commission presented its proposal on the stablishment of a fund (CEF) which will finance NGA schemes around Europe (see the press release: http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/11/709&format=HTML&aged=0&language=EN and Kroes speech).

Commission clears under State Aid rules French NGA fund scheme

The European Commission cleared under EU State Aid rules the French scheme aiming to stimulate fibre deployment along "white" French territory (see the press release)

Commission clears Seagate's acquisition of Samsung HDD business

The European Commission cleared under EU merger rules, Samsung's HDD business by Seagate Technology (see the press release)

Commission's reform on its antitrust procedure and the role of the Hearing Officer

See the Commision's page on its best practices as regards the antitrust procedure followed and the role of the Hearing Officer.

Monday, 17 October 2011

Maltese NRA issues decision protecting consumers from not properly communicated modifications of their contracts

"The MCA has today published a decision regarding the manner in which any changes to the terms and conditions of subscriber contracts for the provision of internet, TV, mobile and fixed telephony services are to be implemented by service providers and the legal rights of subscribers throughout such a process.

Service providers are required to inform subscribers about any modifications to the terms and conditons of their respective service contract, at least 30 days before such changes take effect. In such cases, subscribers must also be informed of their right to terminate the service without incurring any penalty fees during the 30 day notification period should they disagree with the proposed changes (see the ).

EU and US revise best practices on coordinating merger reviews

On the 20th anniversary of the cooperation agreement between the EU and the US, the two parties have revised their best practices in relation to their cooperation in merger reviews (see the Commission's and the US DoJ's press releases).

Friday, 14 October 2011

German industry concludes on ngn access product specification

"The specifications for a broadband access product that the Forum has now agreed on are for so-called Level-2 bitstream access. The specifications define the technical and operational interfaces, along with the key business processes necessary for interoperation" (see the NRA's press release)

Commission's Art. 7 Comments to Gibraltar's NRA on mobile voice and sms termination

The European Commission, in its decision, made the following comments to GRA on the latter's review of the mobile voice and sms termination markets:

"Imposition of the price control mechanism and the need for efficient costoriented mobile termination rates

The Commission notes that, in view of the limited resources and the very small size of the market (32,546 mobile subscribers), the GRA would like to implement an alternative methodology for setting MTRs, i.e. benchmarking instead of the cost methodologies recommended in the Termination Rates Recommendation. The GRA must nevertheless bear in mind that in order to comply with Recommend 12 of the Termination Rates Recommendation any other methodology used must result in outcome consistent with this Recommendation as of 1 January 2013.

This outcome could be achieved by following the glide-paths set in those Member States which will arrive at a final BU-LRIC rate by 31 December 2012. On the contrary, an outcome consistent with the Termination Rates Recommendation is unlikely to be achieved if the GRA bases its glide-path solely on average MTRs as published in the BEREC MTR benchmark snapshot. First, the GRA would have to identify the Member States implementing a pure BULRIC model in such a manner that rates compliant with the Termination Rates Recommendation are actually achieved on 1 January 2013. This could require a more thorough analysis of the finally adopted measures in the Member States concerned. Second, the BEREC benchmarking snapshot reports published until present do not report figures on a forward-looking basis. The NRA may find it difficult to implement rates in line with the Termination Rates Recommendation on 1 January 2013 if the relevant benchmark rates are published only on or even after that date. In order to implement BU-LRIC-based rates by 1 January 2013, an NRA may again be required to analyse finally adopted measures and to set MTRs on a forward-looking basis.

Against this background, the Commission urges the GRA to reconsider the proposed glide-path, in particular the MTRs applicable as of 1 January 2013, in order to be able to comply with the Termination Rates Recommendation by that date. To this end, the Commission encourages the GRA to start working together with BEREC and related working groups in order to receive appropriate guidance on the correct MTR data to use for benchmarking purposes. Alternatively, BEREC might be able to provide other practical support and guidance to overcome the GRA’s limitation of resources and, in particular, the cost of implementing the recommended methodology.

Need to impose a cost-orientation obligation in the SMS termination
markets and to set a glide-path towards the cost-oriented price


The Commission notes that the GRA identifies competition problems in the SMS termination market in Gibraltar which are similar to those identified in the mobile termination markets. However, the GRA does not propose imposing a cost-orientation obligation on the operators having SMP on the market for SMS termination.

As stated in the Explanatory Note to the Recommendation, the NRAs may define a market for SMS termination where they establish a market failure similar to those identified on the markets for mobile voice call termination. The two mobile operators in Gibraltar are monopolists for SMS termination on their networks and normally have both the ability and the incentive to raise termination rates above costs. Commercial agreements cannot normally address this potential market failure on termination markets. Imposing cost orientation is therefore the most appropriate means to address the competition problems in this market over the medium term. The Commission therefore urges the GRA to impose cost orientation as the appropriate remedy in the SMS termination markets. Furthermore, in order to ensure legal certainty for market players, cost orientation should be implemented by imposing a glide-path, preferably aligned with the voice call termination glide-path in terms of price-cap reduction milestones, in order to reduce the current SMS termination rate towards the cost-oriented level.

Given the similarities of the market failure in the markets for termination of mobile voice calls and SMS termination, the implementation of cost orientation should, in principle, be based on the BU-LRIC costing methodology. However, the Commission recognises that given the small size of the mobile operators in Gibraltar, imposing a cost-accounting obligation could create an undue administrative burden and may therefore be considered disproportionate. Alternatively, the GRA may rely on appropriate benchmarking against the costs of the operators who have implemented a BU-LRIC cost model for SMS termination.

Finally, the Commission emphasises that the reference used by the GRA to assess the level of the SMS termination rates is unsuitable given that the EU average to which the GRA refers does not appropriately show costs of SMS termination and, for this reason, does also not provide a basis for not imposing cost orientation. The Commission therefore calls on the GRA to use a more appropriate benchmarking method when reassessing the need to impose cost orientation and setting a glide-path.

Thursday, 13 October 2011

CJEU's Airfield ruling

The Court of Justice of the EU has delivered its judgment in the Airfield case (http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=Submit&numaff=C-431/09) :

"Article 2 of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission must be interpreted as requiring a satellite package provider to obtain authorisation from the right holders concerned for its intervention in the direct or indirect transmission of television programmes, such as the transmission at issue in the main proceedings, unless the right holders have agreed with the broadcasting organisation concerned that the protected works will also be communicated to the public through that provider, on condition, in the latter situation, that the provider’s intervention does not make those works accessible to a new public."

Wednesday, 12 October 2011

French regulator allocates frequencies in the 2,6 GHz band

ARCEP closed the 2,6 GHz spectrum auction allocating "a duplex frequency block of 20 MHz for Free Mobile and Orange France, and a duplex frequency block of 15 MHz for Bouygues Telecom and SFR" (see the press release: http://www.arcep.fr/index.php?id=8571&L=1&tx_gsactualite_pi1[uid]=1436&tx_gsactualite_pi1[backID]=1&cHash=13e708e6da).

Commission releases its proposed Regulation on a Common European Sales Law

The European Commission made public today its proposed Regulation on a Common European Sales Law (see the relevant site).

Directive 2011/77 on the protection of copyright published in the OJ

Directive 2011/77 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights, published in the OJ.

Tuesday, 11 October 2011

Kroes sets up media freedom and plurality high level group

European Commission Vice-President Neelie Kroes has set up a "high-level group to provide recommendations for the respect, protection, support and promotion of media freedom and pluralism in Europe" (see the press release).

EDPS' Opinion on Net Neutrality

The European Data Protection Supervisor issued its Opinion as regards the Net Neutrality debate. The Authority focuses on the data protection issues raised by ISPs' methods to track consumers and data (see also the press release).

BT and Talk Talk were granted permission to appeal the DEA ruling

BT and Talk Talk were granted permission to appeal the High Court's ruling dismissing their request for judicial review of the Digital Economy Act(for more info see out-law.com).

Swedish 1800 MHz auction starts today

The Swedish 1800 MHz auction starts today. To follow the auction click here.

Portuguese Law trasposing the telecoms package published

"Law number 51/2011 has been published in the 1st Series of the Official Gazette, introducing the 6th amendment to Law number 5/2004, of 10 February", transposing the Better Regulation and Citizens Rights Directives (see the NRA's press release).

Irish NRA consults on price control in the retail fixed narrowband access, WPNIA and WBA markets

ComReg has launched a consultation on the price control imposed on Eircom in the retail fixed narrowband access, wholesale physical network infrastructure access and wholesale broadband access markets. The NRA attempts to set, amongst other, new parameters in the net revenue test and a margin squeeze test in the WPNIA market.

Council adopts Consumer Protection Directive

"The Council today adopted a directive aimed at increasing the consumer protection across the European Union. The adoption follows a first-reading agreement with the European Parliament.

The new directive fully harmonises the list of information to be given to consumers and the right of withdrawal for distance and off-premises purchases" (see the press release).

Monday, 10 October 2011

OFCOM sets for further consultation on 800 and 2600 MHz auctions

"...In light of these responses, and the significance of the decisions that we need to take - decisions that are likely to shape the future of the mobile sector in the UK for the next decade or more - we have decided to undertake a further round of consultation on these issues.

We plan to publish a further consultation document around the end of this year" (see the press release : http://stakeholders.ofcom.org.uk/consultations/combined-award/update).

Commission issues decision on MSS deployment

"The European Commission today adopted a decision which would allow it to coordinate the efforts of EU Member States to accelerate the commercial deployment of pan-European Mobile Satellite Services (MSS) and, if need be, to adopt appropriate enforcement measures" (see the press release).

Commission clears Skype's acquisition by Microsoft

"The European Commission has cleared under the EU Merger Regulation the proposed acquisition of the Internet voice and video communication provider Skype by Microsoft Corporation" (see the press release: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/1164).

Court Week 10/10/2011 - 14/10/2011

This week the CJEU will deliver its judgment in the Airfield and Canal Digitaal case (http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=Submit&numaff=C-431/09): "Reference for a preliminary ruling – Hof van Beroep te Brussel – Interpretation of Article 1(2)(a) and (b) and Article 2 of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ 1993 L 248, p. 15) – Exclusive right of the author to authorise communication of his works – Transmission by a broadcasting organisation of programme-carrying signals to a digital television supplier via an independent satellite – Subsequent retransmission of those signals – Authorisation of the copyright holders".

Friday, 7 October 2011

Maltese NRA consults on new Art. 13a of the Framework Directive on network security

MCA launched a consultation regarding the implementationof the Framework Directive's new Art. 13a under which NRAs should ensure that operators take all necessary measures to "appropriately manage the risks posed to security of networks and services" (http://www.mca.org.mt/consultation/request-feedback-harmonised-implementation-article-13a)

Polish Competition Authroity issues report on TV market

Polish Competition Authroity issues report on TV market (see the press release).

BEREC consults on its draft work programme 2012

BEREC launched its consultation on its 2012 draft Work Programme. Input to be sent till 4 November 2011 (see press release).

Canadian Merger Enforcement Guidelines

The Canadian Competition Bureau has issued its final Merger Enforcement Guidelines.

German NRA issues 2011 Report

BNetzA issues its Annual Report.

Thursday, 6 October 2011

Belgian Court of Appeals orders two ISPs to block users' access to Pirate Bay

The Belgian Court of Appeal of Antwerp ordered Belgacom and Telenet to block access of their users to the Pirate Bay, according to EDRI (see edri.org : http://www.edri.org/edrigram/number9.19/belgium-isp-blocking-pirate-bay ).

Wednesday, 5 October 2011

Belgian NRA's decision on the 4g license period and co-existence with radars

BIPT has issued its decision on the process to be followed as regards the issuance of the 4g licenses (see here: http://www.ibpt.be/GetDocument.aspx?forObjectID=3606&lang=en) and the issue of co-existence with radars at the same bands (see here http://www.ibpt.be/GetDocument.aspx?forObjectID=3602&lang=en).

Portuguese NRA's draft Regulation on methodology for monitoring and measuring intensity levels of electromagnetic fields

Portuguese NRA issues draft Regulation on "Methodology for monitoring and measuring intensity levels of electromagnetic fields resulting from radiocommunications station emissions" (see the press release: http://www.anacom.pt/render.jsp?contentId=1099307).

Tuesday, 4 October 2011

Decision on the Football Association Premier case

The CJEU handed down its decision on the Football Association Premier and Murphy case regarding the public use of decoders in other Member States than the one that they were intended for use. The Court said in brief:

1. "Illicit device’ within the meaning of Article 2(e) of Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access must be interpreted as not covering foreign decoding devices (devices which give access to the satellite broadcasting services of a broadcaster, are manufactured and marketed with that broadcaster’s authorisation, but are used, in disregard of its will, outside the geographical area for which they have been issued), foreign decoding devices procured or enabled by the provision of a false name and address or foreign decoding devices which have been used in breach of a contractual limitation permitting their use only for private purposes.

2. Article 3(2) of Directive 98/84 does not preclude national legislation which prevents the use of foreign decoding devices, including those procured or enabled by the provision of a false name and address or those used in breach of a contractual limitation permitting their use only for private purposes, since such legislation does not fall within the field coordinated by that directive.

3. On a proper construction of Article 56 TFEU:

– that article precludes legislation of a Member State which makes it unlawful to import into and sell and use in that State foreign decoding devices which give access to an encrypted satellite broadcasting service from another Member State that includes subject-matter protected by the legislation of that first State;

– this conclusion is affected neither by the fact that the foreign decoding device has been procured or enabled by the giving of a false identity and a false address, with the intention of circumventing the territorial restriction in question, nor by the fact that it is used for commercial purposes although it was restricted to private use.

4. The clauses of an exclusive licence agreement concluded between a holder of intellectual property rights and a broadcaster constitute a restriction on competition prohibited by Article 101 TFEU where they oblige the broadcaster not to supply decoding devices enabling access to that right holder’s protected subject-matter with a view to their use outside the territory covered by that licence agreement.

5. Article 2(a) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the reproduction right extends to transient fragments of the works within the memory of a satellite decoder and on a television screen, provided that those fragments contain elements which are the expression of the authors’ own intellectual creation, and the unit composed of the fragments reproduced simultaneously must be examined in order to determine whether it contains such elements.

6. Acts of reproduction such as those at issue in Case C-403/08, which are performed within the memory of a satellite decoder and on a television screen, fulfil the conditions laid down in Article 5(1) of Directive 2001/29 and may therefore be carried out without the authorisation of the copyright holders concerned.

7. ‘Communication to the public’ within the meaning of Article 3(1) of Directive 2001/29 must be interpreted as covering transmission of the broadcast works, via a television screen and speakers, to the customers present in a public house.

8. Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission must be interpreted as not having a bearing on the lawfulness of the acts of reproduction performed within the memory of a satellite decoder and on a television screen".

BEREC consults on Net Neutrality and Transparency Guidelines

BEREC has launched its consultation on its draft guidelines on Net Neutrality and Transparency. The consultation will run up until 2 November 2011.

Monday, 3 October 2011

Romanian NRA expands list of SMP operators in fixed call termination market

ANCOM proposed to encompass Telefonet Comm Tech, Telemobil S.A. and S.C. Volio Communications in its SMP operators list as regards the fixed call termination market which is under review (see the press release).

Greek 900, 1800 MHz auction set to go. The tender has been finalised

The tender for the 900, 1800 MHz spectrum auction has been finalised (see the press release). If no more than 3 players submit applications in the contest 5 to 7,5 MHz will be given. If 4 players submit applications in the contest 5 MHz will be given, and if more than 4 players apply for frequencies, the NRA does not guarantee availability of spectrum. Applications should be submitted by 21 October 2011.

Commission launches consultation on costing methodologies regarding wholesale access pricing

The European Commission decided to launch a consultation on costing methodologies for key wholesale access prices in electronic communications since divergent methodologies are being adopted by NRAs resulting in varying access prices across Europe (see relevant page).

Commission launches consultation on non-discriminatory access obligation

The European Commission decided to launch a consultation on the non-discrimination obligation provided under the Framework Directive since varying approaches have been adopted by NRAs (see relevant page).

Court Week

This Tuesday, 4/10/2011, the CJEU will deliver its judgement on the Football Association Premier League and Others case: "Interpretation of Articles 28, 30, 49 and 81 EC and of Articles 2(a) and (e), 4(a) and 5 of Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ 1998 L 320, p. 54), of Articles 2, 3 and 5(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10), of Article 1(a) and (b) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23), and of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ 1993 L 248, p. 15) – Grant, for consideration, of exclusive rights in respect of satellite broadcasting of football matches – Marketing, in the United Kingdom, of decoders, lawfully placed on the market in another Member State, making it possible to screen such matches in breach of the exclusive rights granted".