In the period between the second consultation and 20th September 2010 when the final NGA Recommendation (15) was released, ongoing discussion with the new BEREC
(16) body took place, culminating in the publication of a BEREC
opinion (17) in May 2010 regarding a (non-public) interim draft.
One can only venture some hope that BEREC
will eventually yield greater 'Europeanisation' of the mindsets of NRAs.
Article 7" of the new Telecoms Framework Directive requires national telecoms regulators to notify the Commission, BEREC
(the Body of European Regulators for Electronic Communications) and telecoms regulators in other EU countries, of measures that they plan to introduce to address the lack of effective competition in the markets in question.
4) This paper does not deal with the different types of possible institutional coordination for the EU intervention ranging from weak to strong coordination : ad-hoc discussion of issues of common interest and/or mere exchange of information between national regulators; Euro-regulators with soft power (voluntary guidelines) and consensus decision making; Euro-regulators with hard power (binding rules) and qualified majority voting, Commission with softlaw; Commission with binding legislation, possibly after the opinion of the BEREC
Report on Self Supply", BoR (10) 09, March.
In addition, BEREC
is called to draw the guidelines for the implementation of the structural solution envisaged by the Commission and will therefore play a relevant role in establishing a model that both addresses the issue of high roaming tariffs, especially for the data market, and the need of not raising excessive implementation costs.
C&S: What are the practical challenges faced by BEREC
in fulfilling its new role in the Article 7 process, notably when it comes to forming an opinion among regulators in the event of a Phase II investigation concerning an Article 7 notification (serious doubts of the Commission)?
The specific knowledge of BEREC
will help to implement the European Digital Agenda and eliminate remaining obstacles for cross-border telecommunication services for European businesses and citizens.
This suggests we may now be moving towards a situation where two networks may be enough, based on the assumption that some form of Schumpeterian competition will be beneficial for investment and consumer outcomes (although this view appears to be opposed by BEREC
and many NRAs).
(The Body of European Regulators for Electronic Communications) published its most recent International Roaming Benchmark Data Report in May 2011.
53) Questions of legal certainty are further compromised by the very vague standard of deference found in the expression "take the utmost account" used under the Regulatory Framework to explain how NRAs must react to Commission guidance and how the Commission should react to the proposals of BEREC
(and vice versa).
Contract notice: Provision of interim workers for the BEREC