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Press

EU Regulatory Framework

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| Press Release - 24 February 2003 |
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| EuroISPA welcomes European Commission list of e-communications markets susceptible to ex ante regulation |
The European Association of Internet Service Providers, EuroISPA, has welcomed the adoption by the European Commission of a list of e-communications markets requiring regulatory intervention to boost competition. This document is the final piece of the new EU regulatory framework for the electronic communications sector.
Under the new framework, the European Commission was charged with compiling a list of so-called 'candidate markets'. These markets are likely to require the imposition of extra regulation to ensure the development of fair competition. National regulatory authorities must continually examine the markets listed by the Commission, applying appropriate obligations on the dominant players (those undertakings which are deemed to have 'significant market power').
Of particular importance to EuroISPA is the inclusion of the market for 'bitstream access'. It is essential for fair and open competition that Internet Service Providers (ISPs) are able to gain access to infrastructure (usually under the control of the former monopoly operators), which allows them to connect the end customer to their own network. Without this, an ISP entering the market will find it prohibitively difficult to offer a satisfactory retail product to the end-user.
EuroISPA President Louisa Gosling applauded the European Commission's decision to include the bitstream market in the list. "This is a real boost for Europe's ISP industry. For the sector to develop a successful, world-class information society, we must ensure that all operators compete on a level playing field. For this, it is crucial that the bitstream market is first identified as a candidate for pro-competitive regulatory intervention. It should be recognized, however, that this is an essential first step, but not the end of the story. The nature of the regulatory remedies to be applied is yet to be decided. EuroISPA will thus have a keen interest in both the forthcoming European Commission guidelines on "remedies" and, of course, the national implementation in the various Member States.
EuroISPA urges all national regulatory authorities to implement the provisions of the EU's new regulatory framework before the 31 July 2003 deadline, in order that our industry can benefit from the clarity and fairness of the new rules without delay.
Notes to Editors:
- The full text of C(2003)497, the European Commission's "Recommendation On Relevant Product and Service Markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC on a common regulatory framework for electronic communication networks and services, is available here
- In order to assist national regulatory authorities in determining whether there are any operators with 'significant market power' in a 'candidate market', the European Commission published in July 2002 a comprehensive set of
guidelines.
- To understand more about 'bitstream access', please see page 13 of our paper dated 3 September 2002
(click here) on the Commission's draft Recommendation.
About EuroISPA:
EuroISPA is the world's largest association of Internet Service Providers, representing around 800 ISPs across the EU. The association was established to achieve several important goals:
- To protect and promote the interests of Europe as a whole within the global Internet, securing for Europe a premier position in the key industry of the new millennium;
- To help deliver the benefits of this new technology of liberation and empowerment to individuals through encouraging innovative online services, while at the same time meeting the legitimate concerns of parents and others responsible for the weaker members of society;
- To encourage the development of a free and open telecommunications market, something of great benefit to society as a whole and essential to the healthy development of the Internet;
- To promote the interests of our members and provide common services to them where these cannot be had elsewhere.
EuroISPA is a major voice of the Internet industry on information society subjects such as cybercrime, data protection, e-commerce regulation, EU telecommunications law and safe use of the Internet.
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For further comment contact:
EuroISPA
39 Rue Montoyer
B - 1000 Brussels
Tel: +32-2-5032265 Fax: +32-2-5034295
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