Annexes SEC(2006) 86 from the Commission, of 6.2.2006

COMMISSION OF THE EUROPEAN COMMUNITIES

Working Document

Brussels, 6.2.2006
SEC(2006) 86

COMMISSION STAFF WORKING DOCUMENT

Annexes accompanying the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on Market reviews under the EU Regulatory Framework- Consolidating the internal market for electronic communications {COM(2006) 28 final}

ANNEX I |

Competition / Regulation |

Market 1: Access to the public telephone network provided at a fixed location for residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

*Refinement, broader/narrower market and/or merger of markets |

**Imposition of WLR |

*** Universal service-based price control obligation only |

**** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 1: Access to the public telephone network at a fixed location for residential customers Overview of notifications assessed until 30 September 2005 |

UK/2003/0009 and UK/2003/0010 | 2 segments defined: (i) residential retail analogue exchange line services and (ii) residential retail ISDN2 exchange line services. | UK (excluding the Hull area) and the Hull area | BT and Kingston | 1 - Non-discrimination | The Commission made a comment on: Markets defined more narrowly than in the Recommendation: A broader market definition, in line with the Recommendation, is not likely to lead to a different SMP outcome. Therefore the conclusion on the exact scope of the markets is not relevant. |

2 - Publication of charges, terms and conditions of supply |

3 - BT only: annual ceiling for charges equivalent to RPI increase |

4 - BT only: cost-accounting in respect of residential analogue access |

FI/2003/0020 | Similar to the Recommendation. | Regional | 43 regional operators | 1 - Users' right to a connection to fixed telephone network | The Commission made a comment on: Remedies at retail level: No further obligations are imposed on the SMP operators at retail level in addition to CS/CPS and other non-SMP obligations based on the Universal Service Directive. NRA should assess the impact of regulation at wholesale level and of CS/CPS on the market and consider additional regulation at retail level. |

2 - Obligation to publish standard agreement terms and tariff information on services |

3 - User's right to pre-selection / carrier pre-selection |

PT/2004/0053 and PT/2004/0091 | Similar to the Recommendation. | National | PT Group | 1 - Transparency | The Commission made a comment on: Wholesale line rental: Wholesale line rental is an appropriate remedy to address the lack of competition in the relevant retail market. The need for Wholesale Line rental should decrease, as competitors to the incumbent invest in their infrastructure. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

5 - Carrier(Pre)Selection |

6 - Price affordability |

7 - Wholesale line rental |

2 - Wholesale line rental |

3 - Non-discrimination |

4 - Accounting separation |

5 - Cost orientation and cost accounting |

6 - Ex ante approval of end-users tariffs |

2 - Non-discrimination |

3 - Accounting separation |

4 - Carrier(Pre)Selection, also in respect of access supplied via Wholesale line rental to another operator |

5 - Obligation to supply calls not covered by carrier pre-selection (freephone, emergency, premium rate calls) |

6- Provision of unbundled broadband access (no requirement to purchase telephone subscription) |

HU/2005/0130 | Similar to the Recommendation. Includes public payphones. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made a comment on: Remedies imposed at retail level prior to analysing the corresponding wholesale markets: Retail market remedies are supposed to be imposed after it has been recognised that remedies imposed on the wholesale market do not provide for effective competition. When carrying out the review of the relevant wholesale markets, the NRA should assess the effectiveness of remedies imposed at wholesale level in addressing market failures in the relevant retail market. |

2 - Not to increase prices in excess to the consumer price index. |

IE/2005/0158 | Access for residential and non-residential customers are included in one market. Lower narrowband access (PSTN, FWA, ISDN) and higher narrowband access (ISDN2 and ISDN30) are in different markets. | National | Eircom | 1 - Carrier (Pre) Selection and Wholesale Line Rental, including price control in the form of retail minus | The Commission made a comment on: Further consultations planned by ComReg on details of cost accounting and accounting separation are required to be notified to the Commission. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6- Cost orientation and cost accounting |

7 - Not to unreasonably bundle services |

SK/2005/0172 | Similar to the Recommendation. | National | Slovak Telecom | 1 - Carrier(Pre)Selection | The Commission made comments on: Proper national consultation on each draft measure when the measure has a significant impact on the relevant market. Give all interested parties the opportunity to comment on draft measures. Implementation of price control and cost accounting: Details on the implementation of price control and cost accounting have to be specified in the final measure. Reference to Art. 17(4) of the Universal Service Directive. Implementation of cost orientation related to CS/CPS: The Commission pointed out that cost orientation on CS/CPS should be implemented with an appropriate cost accounting method. |

2 - Price control (not allowed to charge unreasonably high or low prices) |

3 - Non-discrimination |

4 - Prohibition of bundling of products |

2 - Price regulation (due to the Universal service obligations) |

FR/2005/0221 | Similar to the Recommendation. | Metropolitan France, overseas territories and Mayotte (except the territory of Saint-Pierre-et-Miquelon) | France Télécom | 1 - Carrier (Pre) Selection and Wholesale Line Rental | The Commission made a comment on: Remedies and next market review: ARCEP is invited to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

2- Non discrimination |

3 - Prohibition of abusive bundling of access and call products |

4 - Prohibition of excessive or predatory pricing |

5 - Ex ante tariff information vis-a-vis the NRA |

6 - Accounting separation |

SI/2005/0231 | Similar to the Recommendation. | National | Telekom Slovenije | 1- Non-discrimination | The Commission made comments on: Remedies at retail level: When carrying out the forthcoming review of the corresponding relevant wholesale market, it is necessary to assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures at retail level. Obligation to provide ADSL services not only to end-users who subscribe also to ISDN: The remedy imposed (non-discrimination) would be more appropriate if it included a general prohibition to oblige end-users of fixed access products to subscribe to a particular type of access product under any circumstances unless it is technically necessary for the provision of a given service. |

2- Prohibition of excessive price and cost orientation |

3- Cost accounting |

Market 2: Access to the public telephone network |

provided at a fixed location for non residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

* Refinement, broader/narrower market and/or merger of markets |

** Imposition of WLR |

*** Universal service-based price control obligation only |

**** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 2: Access to the public telephone network at a fixed location for non-residential customers Overview of notifications assessed until 30 September 2005 |

UK/2003/0009 and UK/2003/0010 | 3 segments defined: (i) business retail analogue exchange line services; (ii) business retail ISDN2 exchange line services and (iii) business retail ISDN30 exchange line services. | UK (excluding the Hull area) and the Hull area | BT and Kingston | 1 - Non-discrimination | The Commission made a comment on: Markets defined more narrowly then in the Recommendation: A broader market definition, in line with the Recommendation, is not likely to lead to a different SMP outcome. Therefore the conclusion on the exact scope of the markets is not relevant. |

2 - Publication of charges, terms and conditions of supply |

3- BT only: annual ceiling for charges equivalent to RPI increase |

FI/2003/0021 | Similar to the Recommendation. | Regional | 43 regional operators | 1 - Users' right to a connection to fixed telephone network | The Commission made a comment on: Remedies at retail level: No further obligations are imposed on the SMP operators at retail level in addition to CS/CPS and other non-SMP obligations based on the Universal Service Directive. NRA should assess the impact of regulation at wholesale level and of CS/CPS on the market and consider additional regulation at retail level. |

2 - Obligation to publish standard agreement terms and tariff information on services |

3 - User's right to pre-selection / carrier pre-selection |

PT/2004/0054 and PT/2004/0091 | Similar to the Recommendation. | National | PT Group | 1 - Transparency | The Commission made a comment on: Wholesale line rental: Wholesale line rental is an appropriate remedy to address the lack of competition in the relevant retail market. The need for Wholesale Line rental should decrease, as competitors to the incumbent invest in their infrastructure. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

2 - Wholesale line rental |

3 - Non-discrimination |

4 - Accounting separation |

5 - Cost orientation |

6 - Ex ante approval of end-users tariffs |

2 - Non-discrimination |

3 - Accounting separation |

4 - Carrier(Pre)Selection, also in respect of access supplied via WLR to another operator |

5 - Obligations to supply calls not covered by carrier pre-selection (freephone, emergency, premium rate calls) |

6- Provision of unbundled broadband access (no requirement to purchase telephone subscription) |

HU/2005/0131 | Similar to the Recommendation. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made a comment on: Remedies imposed at retail level prior to analysing the corresponding wholesale markets: Retail market remedies are supposed to be imposed after it has been recognised that remedies imposed on the wholesale market do not provide for effective competition. When carrying out the review of the relevant wholesale markets, the NRA should assess the effectiveness of remedies imposed at wholesale level in addressing market failures in the relevant retail market. |

2 - Not to increase prices in excess to the consumer price index. |

IE/2005/0159 | Access for residential and non-residential customers are included in one market. Lower narrowband access (PSTN, FWA, ISDN) and higher narrowband access (ISDN2 and ISDN30) are in different markets. | National | Eircom | 1 - Carrier (Pre) Selection and Wholesale Line Rental, including price control in the form of retail minus | The Commission made a comment on: Further consultations planned by ComReg on details of cost accounting and accounting separation are required to be notified to the Commission. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

7 - Not to unreasonably bundle services |

SK/2005/0173 | Similar to the Recommendation. | National | Slovak Telecom | 1 - Carrier(Pre)Selection | The Commission made comments on: Proper national consultation on each draft measure when the measure has a significant impact on the relevant market. Give all interested parties the opportunity to comment on draft measures. Implementation of price control and cost accounting: Details on the implementation of price control and cost accounting have to be specified in the final measure. Reference to Art. 17(4) of the Universal Service Directive. Implementation of cost orientation related to CS/CPS: The Commission pointed out that cost orientation on CS/CPS should be implemented with an appropriate cost accounting method. |

2 - Price control (not allowed to charge unreasonably high or low prices) |

3 - Non-discrimination |

4 - Prohibition of bundling of products |

2 - Price regulation (due to the Universal service obligations) |

FR/2005/0222 | Similar to the Recommendation. | Metropolitan France, overseas territories and Mayotte (except the territory of Saint-Pierre-et-Miquelon) | France Télécom | 1 - Carrier (Pre) Selection and Wholesale Line Rental | The Commission made a comment on: Remedies and next market review: ARCEP is invited to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

2- Non-discrimination |

3 - Prohibition of abusive bundling of access and call products |

4 - Prohibition of excessive or predatory pricing |

5 - Ex ante tariff information vis-a-vis the NRA |

6 - Accounting separation |

2- Prohibition of excessive price and cost orientation |

3- Cost accounting |

Market 3: Publicly available local and/or national telephone services |

provided at a fixed location for residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

* Refinement, broader/narrower market and/or merger of markets |

** On local calls. No SMP for national calls. |

*** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 3: Publicly available local and/or national telephone services provided at a fixed location for residential customers Overview of notifications assessed until 30 September 2005 |

3 - BT only: price control implying price freeze (adjusted for inflation) |

4 - BT only: cost accounting |

3 - Cost orientation (for geographic numbers only) and cost accounting |

4 - Accounting separation |

5 - Price affordability (geographic numbers only) |

6 -Numbering plan (non-geographic service numbers only) |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

3 - Ex ante tariff information vis-a-vis the NRA |

Market 4: Publicly available international telephone services |

provided at a fixed location for residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Austria | YES | NO SMP FOUND |

Finland | YES | NO SMP FOUND** |

*Refinement, broader/narrower market and/or merger of markets |

** At a prior notification the Commission issued a Veto on the Non-SMP-finding |

*** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 4: Publicly available international telephone services provided at a fixed location for residential customers Overview of notifications assessed until 30 September 2005 |

UK/2003/0007, UK/2003/0008 and UK/2003/0045 | Separation (i) a market with competitive input at wholesale level ("category A") and (ii) many markets on a route-by-route basis with non-competitive input at wholesale level ("Category B"). Operator-assisted calls are not included (together with national calls a separate market, see market 3). | Separate markets: Hull area and UK outside Hull | Hull: Kingston; UK outside Hull: BT | 1 - Non-discrimination | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: The Commission stresses the fact that any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Markets defined more narrowly than in the Recommendation on relevant markets: Oftel defined retail narrowband markets more narrowly than in the Recommendation. However, a broader market definition along the lines of the Recommendation on relevant markets is not likely to lead to a different result of the SMP analysis. Consequently, a conclusion on the exact scope of the markets is not relevant in this specific context for the purposes of SMP assessment. Finding of SMP in the IDD calls markets: Oftel does not have sufficiently detailed market share information to calculate both residential and business market shares in each of the relevant IDD calls markets. However, the Commission considers the other, non market- share-related assumptions made regarding the finding of significant market power to be convincing. In any event, in this particular case, the Commission does not consider that any measure concerning these markets would affect trade between Member States. |

2 - Transparency |

3 - BT only: price control implying price freeze (adjusted for inflation) |

4 - BT only: cost accounting |

FI/2003/0024 | Similar to the Recommendation. | National | No SMP | No remedies imposed | The Commission vetoed the draft measure based on: Lack of evidence to support the finding of the absence of SMP: Ficora has submitted neither sufficient facts nor sufficient reasoning to rebut the presumption of dominance in the presence of a market share in excess of 50%.Ficora failed to provide 1) any market data related to the exact degree of changes in market shares over the past years, 2) market data related to price levels and 3) market data related to other factors which are relevant to the assessment of market power. Lack of consideration of existing remedies: Ficora did not justify its conclusions in light of existing regulatory obligations, and did not consider what the outcome of the market analysis is likely to be in the absence of such obligations. Conversely, Ficora did not consider how the justification for existing regulatory obligations, which are imposed on undertakings in the same or other closely related markets, and which may have a substantial competitive effect on markets for publicly available international telephone services provided at a fixed location, would be affected by the conclusions of its market analyses. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

HU/2005/0133 | Similar to the Recommendation. Public payphones and prepaid cards included. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made comments on: Consideration of additional retail remedies: In view of the continuing high market shares of the incumbents and their relatively high retail prices compared to EU best practices, the Commission invites NHH to consider whether the notified remedies (CS/CPS) over a given period are sufficient to address the market failure in the four retail calls markets under review. Remedies imposed at retail level prior to analysing the corresponding wholesale markets: The Commission reminds NHH that it should assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures in the relevant retail markets. Should this review lead to a need to amend the retail remedies, particular attention should be paid to the possibility of a price or margin squeeze? |

SE/2005/0147 | Notification withdrawn by the NRA. |

SE/2005/196 | Similar to the Recommendation. Explicitly includes IP-Telephony. | National | No SMP found, due to regulation in the wholesale and retail access markets | No remedies imposed | The Commission made a comment on: Inclusion of IP-telephony in the notified markets: PTS has included IP-telephony in the notified markets without supporting this conclusion by a substitutability analysis. When assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. |

IE/2005/0161 | Residential and non-residential in one market, public cell phones excluded. | National | Eircom | 1 - Carrier Access and Carrier (Pre) Selection | The Commission made a comment on: Further consultations planned by ComReg: on details of cost accounting and accounting separation: Possible further measures must be notified to the Commission. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

FR/2005/0224 | VoiP calls offered by access providers ("managed VoiP") are included, VOIP calls by non-access providers are not included. | Metropolitan France and overseas territories except for the territory of Saint-Pierre-et-Miquelon | France Télécom | Remedies only for PSTN calls, no remedies for VOIP calls | The Commission made comments on: Inclusion of managed IP-telephony in the notified calls markets: The Commission recalls that, when assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. The Commission believes that, in the present case the inclusion of managed IP-telephony (VoB) in the relevant retail calls markets is not inconsistent with the Recommendation. Remedies and next market review: The Commission considers that the decision not to extend PSTN obligations to VoB is justified. The Commission notes the existing wholesale remedies on markets 11 and 12 as well as ARCEP’s commitment to monitor this part of the retail markets closely for any anti-competitive practices and considers that should such practices occur, ARCEP has the right and the obligation to intervene as appropriate. The Commission invites ARCEP to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

1 - Prohibition of abusive bundling of access and call products |

2 - Prohibition of excessive or predatory pricing |

3 - Ex ante tariff information vis-a-vis the NRA |

4 - Accounting separation |

5 - Price control on fixed to mobile calls |

6 - Non-discrimination |

Market 5 : Publicly available local and/or national telephone services |

provided at a fixed location for non-residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

*Refinement, broader/narrower market and/or merger of markets |

** On local calls. No SMP for national calls. |

*** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 5: Publicly available local and/ or national telephone services provided at a fixed location for non - residential customers Overview of notifications assessed until 30 September 2005 |
Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0007, UK/2003/0008 | Separation between local, national, calls to mobile phones and operator-assisted calls. | UK excluding Hull area and Hull area | Hull: Kingston; UK excluding Hull: BT | 1 - Non-discrimination | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: The Commission stresses the fact that any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Markets defined more narrowly than in the Recommendation on relevant markets: Oftel defined retail narrowband markets more narrowly than in the Recommendation on relevant markets. However, a broader market definition is not likely to lead to a different result of the SMP analysis. Consequently, a conclusion on the exact scope of the markets is not relevant in this specific context for the purposes of SMP assessment. |

2 - Transparency |

3 - BT only: price control implying price freeze (adjusted for inflation) |

4 - BT only: cost accounting |

UK/2004/0045 (further amended by cases UK/2005/0217-0218) | See Case UK/2003/0007-0008 | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/0007-0008). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

FI/2003/0025 and FI/2003/0026 | Local and national calls are included in separate markets. | National calls : national market; local calls: regional markets | Local calls: SMP for 43 regional operators. No SMP found for national calls. | On local calls: | The Commission made comments on: Relationship between existing regulation and finding of lack of SMP (national calls): The Commission invites Ficora to consider what the competitive conditions in the defined markets would be like in the absence of an obligation to provide CS, CPS or their equivalent. The Commission also prompts Ficora to make explicitly clear in their final measures whether its findings rely principally on the existing regulatory obligations (i.e. CS and CPS for all types of calls) imposed as a result of a finding of SMP in the retail access and local calls markets. Remedies at retail level (local calls): Ficora does not impose any further regulatory obligations on SMP undertakings at retail level, in addition to CS/CPS and other non-SMP obligations based on the Universal Service Directive. Therefore, the Commission has doubts as to whether the notified remedies over a given period are sufficient to remedy potential market failure at retail level and, in view of the continuing high market shares, recommends that Ficora also consider appropriate additional regulatory measures at the retail level. |

1 - Users' right to a connection to fixed telephone network |

2 - Obligation to publish standard agreement terms and tariff information on services |

3 - User's right to pre-selection / carrier pre-selection |

PT/2004/0056, PT/2004/59 and PT/2004/0091 | Broadly similar to the Recommendation. Additionally, includes a market for non-geographic (service) numbers. This additional market includes both residential and non-residential customers. | National | PT Group | 1 - Transparency | No comments made by the Commission. |

2 - Non-discrimination |

3 - Cost orientation (geographic numbers only) and cost accounting |

4 - Accounting separation |

5 - Price affordability (geographic numbers only) |

6 -Numbering plan (non-geographic service numbers only) |

2- Accounting Separation |

HU/2005/0134 | Similar to the Recommendation. Public payphones and prepaid cards included. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made comments on: Consideration of additional retail remedies: In view of the continuing high market shares of the incumbents and their relatively high retail prices compared to EU best practices, the Commission invites NHH to consider whether the notified remedies (CS/CPS) over a given period are sufficient to address the market failure in the four retail calls markets under review. Remedies imposed at retail level prior to analysing the corresponding wholesale markets: The Commission reminds NHH that it should assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures in the relevant retail markets. Should this review lead to a need to amend the retail remedies, particular attention should be paid to the possibility of a price or margin squeeze? |

SE/2005/0148 | Notification withdrawn by the NRA |

SE/2005/197 | Similar to the Recommendation. IP-Telephony explicitly included. | National | No SMP | No remedies imposed | The Commission made a comment on: Inclusion of IP-telephony in the notified markets: PTS has included IP-telephony in the notified markets without supporting this conclusion by a substitutability analysis. When assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. |

IE/2005/0162 | No distinction between residential and non-residential markets. | National | Eircom | 1 - Carrier Access and Carrier (Pre) Selection | The Commission made a comment on: Further consultations planned by ComReg: The Commission reminds ComReg that draft measures relating to the details and implementation of accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

FR/2005/0225 | VoIP calls offered by broadband access providers ("managed VOIP") included in the product market. | Metropolitan France and overseas territories except for the territory of Saint-Pierre-et-Miquelon | France Télécom | Remedies only for PSTN calls, no remedies for VOIP calls | The Commission made comments on: Inclusion of managed IP-telephony in the notified calls markets: The Commission recalls that, when assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. The Commission believes that, in the present case the inclusion of managed IP-telephony (VoB) in the relevant retail calls markets is not inconsistent with the Recommendation. Remedies and next market review: The Commission considers that the decision not to extend PSTN obligations to VoB is justified. The Commission notes the existing wholesale remedies on markets 11 and 12 as well as ARCEP’s commitment to monitor this part of the retail markets closely for any anti-competitive practices and considers that should such practices occur, ARCEP has the right and the obligation to intervene as appropriate. The Commission invites ARCEP to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

1 - Prohibition of abusive bundling of access and call products |

2 - Prohibition of excessive or predatory pricing |

3 - Ex ante tariff information vis-a-vis the NRA |

4 - Accounting separation |

5 - Price control on fixed to mobile calls |

6 - Non-discrimination |

Market 6: Publicly available international telephone services |

provided at a fixed location for non-residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Finland | YES | NO SMP FOUND** |

*Refinement, broader/narrower market and/or merger of markets |

** At a prior notification the Commission issued a Veto on the Non-SMP-finding |

Overview of notifications assessed until 30 September 2005 |

Market 6: Publicly available international telephone services provided at a fixed location for non-residential customers Overview of notifications assessed until 30 September 2005 |

UK/2003/0007 and UK/2003/0008 | Separation (i) a market with competitive input at wholesale level ("category A") and (ii) many markets on a route-by-route basis with non-competitive input at wholesale level ("Category B"). Operator-assisted calls are not included (together with national calls a separate market, see market 3). | Separate markets: Hull area and UK outside Hull | Hull area: Kingston; UK outside Hull: No SMP removal of existing obligations on BT | 1 - Non-discrimination | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: The Commission stresses the fact that any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Markets defined more narrowly than in the Recommendation on relevant markets: Oftel defined retail narrowband markets more narrowly than in the Recommendation. However, a broader market definition along the lines of the Recommendation on relevant markets is not likely to lead to a different result of the SMP analysis. Consequently, a conclusion on the exact scope of the markets is not relevant in this specific context for the purposes of SMP assessment. Finding of SMP in the IDD calls markets: Oftel does not have sufficiently detailed market share information to calculate both residential and business market shares in each of the relevant IDD calls markets. However, the Commission considers the other, non market- share-related assumptions made regarding the finding of significant market power to be convincing. In any event, in this particular case, the Commission does not consider that any measure concerning these markets would affect trade between Member States. |

2 - Transparency |

FI/2003/0027 | Similar to the Recommendation. | National | No SMP found | No remedies imposed | The Commission vetoed the draft measure based on: Lack of evidence to support the finding of the absence of SMP: Ficora has submitted neither sufficient facts nor sufficient reasoning to rebut the presumption of dominance in the presence of a market share in excess of 50%.Ficora failed to provide 1) any market data related to the exact degree of changes in market shares over the past years, 2) market data related to price levels and 3) market data related to other factors which are relevant to the assessment of market power. Lack of consideration of existing remedies: Ficora did not justify its conclusions in light of existing regulatory obligations, and did not consider what the outcome of the market analysis is likely to be in the absence of such obligations. Conversely, Ficora did not consider how the justification for existing regulatory obligations, which are imposed on undertakings in the same or other closely related markets, and which may have a substantial competitive effect on markets for publicly available international telephone services provided at a fixed location, would be affected by the conclusions of its market analyses. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

2 - Accounting separation |

HU/2005/0135 | Similar to the Recommendation. Public payphones and prepaid cards included. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made comments on: Consideration of additional retail remedies: In view of the continuing high market shares of the incumbents and their relatively high retail prices compared to EU best practices, the Commission invites NHH to consider whether the notified remedies (CS/CPS) over a given period are sufficient to address the market failure in the four retail calls markets under review. Remedies imposed at retail level prior to analysing the corresponding wholesale markets: The Commission reminds NHH that it should assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures in the relevant retail markets. Should this review lead to a need to amend the retail remedies, particular attention should be paid to the possibility of a price or margin squeeze? |

SE/2005/0146 | Notification withdrawn by the NRA. |

SE/2005/0198 | Similar to the Recommendation. Explicitly includes IP-Telephony. | National | No SMP found, due to regulation in the wholesale and retail access markets. | No remedies imposed | The Commission made a comment on: Inclusion of IP-telephony in the notified markets: PTS has included IP-telephony in the notified markets without supporting this conclusion by a substitutability analysis. When assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. |

IE/2005/0163 | Residential and non-residential in one market | National | Eircom | 1 - Carrier Access and Carrier (Pre) Selection | The Commission made a comment on: Further consultations planned by ComReg: The Commission reminds ComReg that draft measures relating to the details and implementation of accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Cost orientation and cost accounting |

FR/2005/0226 | VoIP calls offered by access providers ("managed VOIP") are included, VOIP calls by non-access providers are not included into the market. | Metropolitan France and overseas territories except for the territory of Saint-Pierre-et-Miquelon | France Télécom | Remedies only for PSTN calls, no remedies for VOIP calls | The Commission made comments on: Inclusion of managed IP-telephony in the notified calls markets: The Commission recalls that, when assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. The Commission believes that, in the present case the inclusion of managed IP-telephony (VoB) in the relevant retail calls markets is not inconsistent with the Recommendation. Remedies and next market review: The Commission considers that the decision not to extend PSTN obligations to VoB is justified. The Commission notes the existing wholesale remedies on markets 11 and 12 as well as ARCEP’s commitment to monitor this part of the retail markets closely for any anti-competitive practices and considers that should such practices occur, ARCEP has the right and the obligation to intervene as appropriate. The Commission invites ARCEP to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

1 - Prohibition of abusive bundling of access and call products |

2 - Prohibition of excessive or predatory pricing |

3 - Ex ante tariff information vis-a-vis the NRA |

4 - Accounting separation |

5 - Price control on fixed to mobile calls |

6 - Non-discrimination |

Market 7: Minimum set of leased lines |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

* Refinement, broader/narrower market and/or merger of markets |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 7: The minimum set of leased lines Overview of notifications assessed until 30 September 2005 |

UK/2003/0035-0036, UK/2004/0123 (modification of remedies) | Retail low bandwidth traditional interface leased lines (up to & incl. 8 Mbps). | UK excluding Hull area and Hull area | BT (UK excluding Hull), Kingston (Hull) | 1- Supply minimum set of leased lines (BT & Kingston) | No comments made by the Commission. |

2 - Not to discriminate unduly (BT & Kingston) |

3 - Cost orientation and cost accounting (only on BT) |

4 - Publish reference offer (BT & Kingston) |

5- Publish information on delivery and repair times (BT & Kingston) |

UK/2004/0045 (further amended in UK/2005/0217-0218) | See Cases UK/2003/0035-0036. | 1 - Financial reporting obligations | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0077 | See Case UK/2003/0035. | 1 - Amendments to the interim charge control obligation imposed on BT | No comments made by the Commission. |

UK/2004/0123 | See Case UK/2003/0035. | Slight modification of the remedies already notified because of the establishment of the Telecommunications Adjudicator. | No comments made by the Commission. |

2 - Non-discrimination |

3 - Cost orientation |

4 - Accounting separation |

5 -Requirement to publish a reference offer, delivery conditions and technical information |

FI/2004/0079 | Similar to the Recommendation. | Regional | 42 local operators | 1 - Obligation to provide the minimum set | The Commission made a comment on: Regulatory obligations reminding Ficora of the obligations set out in Annex VII of the Universal Service Directive requiring NRAs to ensure that the provision of the minimum set of leased lines referred to in Article 18 follows the basic principles of non-discrimination, cost orientation and transparency and asking Ficora to adapt its proposed remedies accordingly. |

AT/2004/0097 | Minimum set of retail leased lines + (i) all leased lines with a capacity of a multiple of 64 kbit/s up to an upper limit of 2048 bit/s; and (ii) unconnected copper double wire between network termination points, which have been leased by communications network and service operators | National | Telekom Austria | Minimum set of leased lines: | No comments made by the Commission. |

1 - Provision of a minimum set of leased lines |

2 - Cost orientation and cost accounting |

3 - Non discrimination |

4 - Publication of information with regard to the minimum set |

5 - Accounting separation |

Other leased lines: |

1 - Cost orientation |

2 - Approval of terms and conditions |

IE/2005/0137 | Similar to the Recommendation. | National | Eircom | 1 - Non discrimination | The Commission made a comment on: Further consultation planned by ComReg: the draft measures relating to the details and implementation of accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Cost orientation (pricing model based on fully distributed historic costs) |

3 - Transparency |

4 - Cost accounting and accounting separation |

2 - Transparency |

3 - Cost orientation and cost accounting |

2 - Transparency |

3 - Cost orientation and cost accounting (based on modified historic cost method) |

Market 8: Call origination on the public telephone network provided at a fixed location |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

* Refinement, broader/narrower market and/or merger of markets |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 8 - Call origination on the public telephone network provided at a fixed location Overview of notifications assessed until 30 September 2005 |

UK/2003/0011-0012 | Similar to the Recommendation. | UK excluding Hull area and Hull area | BT (UK excluding Hull), Kingston (Hull) | 1- Provide network access on reasonable request | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: Any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Flat rate Internet access call origination (FRIACO): The Commission emphasises that in addition to remedy the lack of competition in the market identified, unmetered wholesale products, like FRIACO, may also be used for the provision of retail services other than the provision of unmetered Internet access. |

2 - Non-discrimination |

3 - Cost orientation of charges and cost accounting |

4- Charge control |

5 - Transparency |

6 - Accounting separation |

7 - Carrier (Pre) Selection and indirect access in relation to call origination |

8 - Flat rate Internet access call origination (FRIACO) - only on BT |

UK/2004/0045 (further amended in UK/2005/0217-0218) | See Cases UK/2003/0011-0012. | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/0011-0012). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0071 | See Case UK/2003/0012. | Provision of a CPS local calls option service by BT Wholesale | No comments made by the Commission. |

UK/2004/0072 | See Case UK/2003/0012. | Modifications to the charge control obligation already imposed on BT in case UK/2003/0012. | No comments made by the Commission. |

UK/2004/0115 (amended by UK/2005/0180) | See Case UK/2003/0012. | Directions on BT's ability to use Cancel Other functionality (dispute resolution) | No comments made by the Commission. |

UK/2004/0122 | See Case UK/2003/0012. | Modifications to BT's charge control obligation (details of measurement of compliance) | No comments made by the Commission. |

UK/2005/0165 | See Case UK/2003/0012. | 1- Revised charge control | No comments made by the Commission. |

2 - Amendments to the requirement (i) not to unduly discriminate and (ii) to notify charges, terms and conditions. |

UK/2005/0166 | See Case UK/2003/0012. | 1 - Modifications to the amounts that BT can charge for providing CPS facilities | No comments made by the Commission. |

UK/2003/0013-0014 (wholesale exchange line markets) | Fixed narrowband wholesale exchange lines market: a new market. | UK excluding Hull area and Hull area | BT (UK excluding Hull), Kingston (Hull) | 1 - Wholesale line rental - only on BT | The Commission made comments on: Market definition for wholesale exchange line markets: The Commission stated that more consideration could have been given to assessing potential merchant wholesale demand and supply (i.e. demand from, and supply to, independent purchasers of wholesale exchange lines). Wholesale line rental (WLR): The Commission considers that WLR may also be imposed as a retail remedy in the retail access markets, since it serves to introduce additional sources of competition at that level. |

FI/2003/0028 | Similar to the Recommendation. | Regional | 46 local operators | Asymmetrical regulation between 4 groups of operators | The Commission made comments on: Geographic divide of the market for call origination: The Commission invites Ficora to monitor the development of the market for signs of a common pricing constraint which may permit the delineation of larger geographic markets in the future. Exemption from certain ex ante obligations: The imposition of different remedies on different operators within similarly defined markets should be adequately reasoned. To the extent that it would be considered disproportionate to impose costly cost orientation and cost accounting obligations on a small operator, the Commission is of the view that other forms of cost control for such operators, such as benchmarking against the larger operators who are under a cost orientation obligation, could be considered. Cost orientation and cost accounting obligations: The Commission expresses concerns on the approach not to specify the method on which cost-orientation will be assessed, which it believes will limit the measure’s contribution to consumer benefit, the enhancement of competition and the development of the internal market. |

1 - Access and interconnection |

2 - Publication of delivery terms and tariff information |

3 - Obligations concerning pricing and other terms (cost orientation and non discrimination) |

4 - Cost accounting |

5 - Accounting separation |

SE/2004/0049 | Similar to the Recommendation. | National | 1 - Obligation to meet reasonable request for interconnection (including via direct connections), network access, network capacity | No comments made by the Commission. |

2 - Cost orientation and cost accounting |

3 - Non-discrimination |

4 - Accounting separation |

5 - Transparency (reference offer) |

PT/2004/0060, PT/2004/0092 (remedies) | Similar to the Recommendation. | National | PT Group | 1 - Transparency - publication of a reference offer, prices, terms and conditions, technical information and relating to the quality of service | The Commission made a comment on: Asymmetrical application of remedies: The Commission invites the NRA to monitor closely the development of the cost structures of the operators on which the obligation to charge “fair and reasonable prices” is imposed and to assess whether its current assumptions on “fair and reasonable prices” will remain relevant over the period of the market review. |

2 - Non discrimination |

3 - Accounting separation |

4- Access on reasonable request |

5 - Cost orientation and cost accounting |

6- Price control |

SK/2004/0103 | Similar to the Recommendation. | National | Slovak Telekom | 1 - Transparency (publication of reference offer, technical specifications); | The Commission made comments on: CS/CPS obligation and non-imposition of cost orientation in the wholesale market for call origination: The Commission invites TÚSR to consider explicit imposition of cost orientation obligations in the wholesale call origination market. National public consultation: According to Article 6 of the Framework Directive NRAs must conduct a national consultation on each draft measure which have a significant impact on the relevant market, i.e. including the market definitions, and to give all interested parties the opportunity to comment on the draft measure. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Obligation to provide access to certain network components |

5 - Carrier selection/carrier pre-selection (CS/CPS) |

2 - Publication of a reference interconnection offer |

3 - Cost orientation and cost accounting |

4- Accounting separation |

5 - Access on reasonable request |

DK/2005/0141 | Wholesale access (connections) is included in the market for call origination on the public telephone network at a fixed location. | National | TDC | 1 - Access to i) wholesale call origination, ii) wholesale purchase of services for resale, iii) co-location | The Commission made a comment on: Inclusion of wholesale access connections in the product market definition: The Commission expressed doubts that wholesale access forms part of the wholesale origination market (market 8). Access services are not substitutes but rather complementary to call origination services. In addition, the Commission noted that the proposed remedies do not necessarily require the delineation of a separate access market, since they may be imposed in respect of the call origination market alone. |

2 - Cost orientation and cost accounting |

3 - Non-discrimination |

4 - Reference offer |

5 - Transparency |

6 - Accounting separation |

DK/2005/0205 (modification of a remedy) | See case DK/2005/0141. | 1 - Retail minus price regulation on Wholesale Line Rental | No comments made by the Commission. |

DE/2005/0143 (market analysis), DE/2005/0233 (remedies) | Three separate markets for wholesale call origination: i) call origination for carrier (pre-) selection services; ii) call origination for value-added services and iii) call origination for dial-up internet services. | National | DT AG | 1 - Access (including interconnection services, collocation) | The Commission made comments on: Remedies to be determined at a later stage: The Commission reminded RegTP of the need to notify remedies in accordance with Article 7(3) of the Framework Directive. Accounting separation: Given the risk of cross-subsidisation arising from the operations of a vertically- integrated company, the Commission invites BNetzA for the purposes of enhancing transparency and legal certainty to consider imposing accounting separation as a separate measure. |

2 - Non-discrimination |

3 - Price control (in relation to interconnection, conveyance and collocation) |

HU/2005/0151 | Similar to the Recommendation. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Transparency (reference offer) | The Commission made a comment on: The obligation of cost orientation on the designated local incumbents: The Commission was not convinced that the fact that, Invitel, Hungarotel, Emitel and Monortel would be entitled to set their origination charges at a level which cannot exceed by more than 40% would effectively contribute to further decrease the relevant retail charges. |

2 - Accounting separation |

3 - Obligation related to access and interconnection |

4 - Price control and cost-accounting |

IE/2005/0190 | Similar to the Recommendation. | National | eircom | 1 - Transparency | The Commission made a comment on: Further consultation planned by ComReg: The Commission reminds that draft measures relating to the details and implementation of accounting separation, cost accounting and wholesale price caps are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Provision of access to and use of specific network elements and associated facilities on reasonable request |

4 - Price control and cost accounting |

5 – Accounting separation |

FR/2005/0227 | Similar to the Recommendation. Includes also non-switching based interconnection (mainly IP). | Territory of metropolitan France, the French over-seas territories and Mayotte | FT | 1 - Access to, and use of specific network facilities | No comments made by the Commission. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Cost orientation and cost accounting |

Market 9: Call termination on individual public telephone network provided at a fixed location |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 9 - Call termination on individual public telephone network provided at a fixed location Overview of notifications assessed until 30 September 2005 |

UK/2003/0003 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | BT Kingston 61 other alternative network operators ("ANO") | 1 - Provision of call termination on reasonable request (on all) | The Commission made a comment on: BT’s countervailing buyer power: The Commission notes that a detailed assessment of the competitive effects of obligations to be imposed on BT as a result of finding BT to have SMP is important for the finding that all other PECNs have SMP as well. |

2 - Cost orientation of call termination charges (LRIC) and cost accounting (on BT and Kingston) |

3 - Accounting separation (on BT and Kingston) |

4 - Non-discrimination (on BT and Kingston) |

5 - Publication of a reference interconnection offer (RIO) (on BT and Kingston) |

6 - Notification of new charges 90 days before changes become effective (on BT and Kingston) |

7 - Call termination charge control setting the annual ceiling for charges at retail price index (RPI) increases less 10% (RPI –10) (on BT) |

UK/2004/0045 (further amended by cases UK/2005/0217-0218) | See Case UK/2003/0003. | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/003). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0072 | See Case UK/2003/0003. | Modifications to BT's charge control obligation | No comments made by the Commission |

UK/2004/0122 | See Case UK/2003/0003. | 1 - Modifications to BT's charge control obligation (details of measurement of compliance) | No comments made by the Commission. |

UK/2005/0165 | See Case UK/2003/0003. | 1- Revised charge control | No comments made by the Commission. |

2 - Amendments to the requirement (i) not to unduly discriminate and (ii) to notify charges, terms and conditions. |

FI/2003/0029 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | 50 SMP operators | Asymmetrical regulation between 4 groups of operators | The Commission made comments on: Exemption from certain ex ante obligations: The impositions of different remedies on different operators within similarly defined markets should be adequately reasoned. To the extent that it would be considered disproportionate to impose costly cost orientation and cost accounting obligations on a small operator, the Commission is of the view that other forms of cost control for such operators, such as benchmarking against the larger operators who are under a cost orientation obligation, could be considered. Cost orientation and cost accounting obligations: The Commission expresses concerns on the approach not to specify the method on which cost orientation will be assessed, which it believes will limit the measure’s contribution to consumer benefit, the enhancement of competition and the development of the internal market. |

1 -Provision of interconnection |

2 - Publication of delivery terms and tariff information |

3 - Obligations concerning pricing and other terms (cost-orientation and non discrimination) |

4 - Cost accounting |

5 - Accounting separation |

IE/2004/0050 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | 22 SMP operators | 1 - Access and interconnection: meet reasonable request of access & interconnection (all operators); meet reasonable request for a direct billing agreement (all operators); meet reasonable request for interconnection via direct connections (TeliaSonera, Tele2, Telenor); meet reasonable request for access to network capacity (only TeliaSonera) | No comments made by the Commission. |

2 - Price regulation: cost oriented pricing (TeliaSonera); to charge reasonable & fair prices (others) |

3 - Non-discrimination |

4 - Accounting separation: accounting separation and obligation to submit separated accounts to PTS annually or on PTS' request (TeliaSonera, Tele2, Telenor); obligation to submit separated accounts to PTS on its request (others); |

5 - Transparency: publish reference offer (TeliaSonera); compile and publish information necessary for interconnection, direct connections and direct billing purposes (Tele2, Telenor); compile and publish information necessary for interconnection and direct billing agreements (others) |

PT/2004/0061, PT/2004/0092 (remedies) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | PT Group Cabovisão Coltel Jazztel Novis Telecom OniTelecom Refer Telecom Vodafone Telecel | 1 - Transparency | The Commission made a comment on: Asymmetrical application of remedies: The Commission invites ANACOM to monitor closely the development of the cost structures of the operators on which the obligation to charge “fair and reasonable prices” is imposed and to assess whether its current assumptions on “fair and reasonable prices” will remain relevant over the period of the market review. |

2 - Non Discrimination |

3 - Accounting separation |

4 - Access on reasonable request |

5 - Cost orientation and cost accounting |

SK/2004/0102, SK/2005/0187 (further details of a remedy) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Slovak Telecom | 1 - Transparency (technical specifications) | The Commission made comments on: Implementation of the proposed cost orientation obligation in the call termination market: The Commission invited TÚSR to notify pursuant to Article 7(3) of the framework Directive these implementing draft measures setting out the timeframe and stages applicable for the reduction of termination charges. By notification SK/2005/0182 TÚSR notified these measures. National public consultation: According to Article 6 of the Framework Directive NRAs must conduct a national consultation on each draft measure which has a significant impact on the relevant market, i.e. including the market definitions, and to give all interested parties the opportunity to comment on the draft measure. |

2 - Non-discrimination ; |

3 - Transparency |

3 - Accounting separation |

4 - Obligation to provide access to certain network components |

5 - Cost orientation based on LRAIC |

AT/2004/0106 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Telekom Austria AG Information-Technologie Austria GmbH Colt Telecom Austria GmbH Tele.ring Telekom Service GmbH Telekabel Wien GmbH eTel Austria AG Equant Austria GmbH UTA Telekom AG LIWEST Kabelmedien GmbH | Telekom Austria: | No comments made by the Commission. |

1 - Non Discrimination |

2 -Publication of a Reference Interconnection Offer (“RIO”) |

3 -Accounting separation |

4 -Access on reasonable request |

DE/2005/0144 (market analysis), | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | No SMP for alternative networks operators ("ANO"s) because of claimed countervailing buyer power by DT AG | The Commission vetoed the draft measures concerning ANOs: No justification for the considered strict Greenfield approach: Any Greenfield approach must ensure that absence of SMP is only found and regulation only rolled back where markets have become sustainably competitive, and not where the absence of SMP is precisely the result of the regulation in place. This implies that regulation which will continue to exist throughout the period of the forward-looking assessment independently of a SMP finding on the market concerned, must be taken into account. No convincing evidence of absence of SMP under the so-called “modified Greenfield approach”: RegTP asserts that DTAG’s buyer power limits the ability of each ANO to behave independently of its customers and competitors (at the retail level). RegTP does, however, not present concrete evidence that DTAG has effectively exercised such buyer power. In view of DTAG’s own termination rates being regulated and given that it cannot realistically threaten to stop purchasing termination services, DTAG would therefore be deprived of any bargaining tool in the form of a corresponding increase in its own tariffs when negotiating termination rates on that ANO’s network. For the above reasons, the Commission considers that also under the modified Greenfield approach, RegTP has not provided convincing evidence to support the absence of SMP of each ANO. No analysis of ANOs’ market power vis-à-vis each other and vis-à-vis MNOs: RegTP has limited its SMP analysis for ANOs mainly to an analysis of negotiation powers between DTAG and each of the ANOs. However, it appears that a number of direct interconnection agreements between ANOs exist and. An analysis of these agreements could have provided further information on the market power of ANOs. |

DE/2005/0234 (remedies) | DT AG | DT AG: | Commission made comments on: Remedies to be determined at a later stage: The Commission reminded RegTP of the need to notify remedies in accordance with Article 7(3) of the Framework Directive. Accounting separation: Given the risk of cross-subsidisation arising from the operations of a vertically- integrated company, the Commission invites BNetzA for the purposes of enhancing transparency and legal certainty to consider imposing accounting separation as a separate measure. |

1 - Access (including interconnection services, collocation) |

2 - Non-discrimination |

3 - Price control (in relation to interconnection, conveyance and collocation) |

DE/2005/0239 (market analysis, renotification following a veto in case DE/2004/0144) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | 52 ANOs | Remedies not yet notified | No comments made by the Commission. |

HU/2005/0152 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Matáv Invitel Hungarotel Emitel Monortel Pantel GTS Datanet BT | Matáv, Inivitel, Hungarotel, Emitel and Monortel: | The Commission made a comment on: The obligation of cost orientation on the designated local incumbents: The Commission is not fully convinced that allowing for the four local incumbents to charge 40% higher termination charges than Matáv (and therefore, the possibility for not submitting a LRIC-based cost model) would effectively contribute to further decrease the relevant wholesale charges. |

1 - Transparency ( reference offer) |

2 - Accounting separation |

3 - Access and interconnection |

4 - Price control (4 operators are authorised to set their termination charges up to 40% higher than the level of the termination charges of Matáv) |

5 - Cost accounting |

Pantel, GTS Datanet and BT: |

1 – Transparency |

2 - Non discrimination |

DK/2005/0171 | Notification withdrawn by the NRA |

DK/2005/0207 | Operator-specific relevant markets. The market definition includes dial-up internet calls to geographic numbers on PSTN or ISDN with a speed of up to 128 Kbit/s. | Geographic coverage of each network = geographic extent of each relevant market | TDC TeliaSonera Sonofon Consorte Danmark Tele2 Colt Telecom | TDC: | The Commission made a comment on: Asymmetric application of remedies: Where it is intended to impose different remedies on different operators within similarly defined markets, the asymmetrical application of remedies should be adequately reasoned. The Commission is of the view that NITA has not duly substantiated its intended decision not to impose certain obligations on the ANOs, e.g. non-discrimination. Consequently, the Commission would invite NITA to reconsider its position on this matter. |

1- Access (requirement to provide network access at reasonable request) |

2 - Cost orientation (LRAIC) and cost accounting |

3 - Accounting separation |

4 - Non-discrimination |

5 - Publication of a reference offer |

6 - Transparency |

Others: |

Obligation to provide network access on fair and reasonable terms at reasonable request |

IE/2005/0191 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | eircom Access Telecom Budget Telecom Cable & Wireless Chorus Communications Colt Telecom Energis BT Ireland MCI NTL Swift Call Centre Talk Telecom | 1 - Transparency (all) | The Commission made a comment on: Further consultation planned by ComReg: The Commission reminds that draft measures relating to the details and implementation of accounting separation, cost accounting and wholesale price caps are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination (all) |

3 - Requirement to provide access to and use of specific network facilities on reasonable request (all) |

4 - Price control (eircom: FL-LRIC, others: benchmarking) |

5 - Cost-accounting (eircom) |

FR/2005/0228 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | FT + 20 ANOs | FT: | The Commission made comments on: The exclusion of termination to non-geographic numbers from market analysis: ARCEP should conduct, as soon as possible, a market analysis pursuant to Article 16 of the Framework Directive with regard to call termination to non-geographic numbers of non-ISP end users. Asymmetric imposition of pricing related remedies: The impositions of different remedies on different operators within similarly defined markets should be adequately reasoned. To the extent that it would be considered disproportionate to impose costly cost orientation and cost accounting obligations on a small operator, the Commission is of the view that other forms of cost control for such operators, such as benchmarking against the larger operators who are under a cost orientation obligation, could be considered. |

1 - Access and interconnection |

2 - Non-discrimination |

3 - Transparency |

4 - Prohibition of excessive pricing |

5 – Cost-orientation and cost accounting (LRAIC) |

ANOs: |

1 – Access and interconnection |

2 – Non-discrimination |

3 - Transparency |

4 – Prohibition of excessive pricing |

Market 10: Transit services in the fixed public telephone network |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Austria | NO** | No SMP found*- VETOED |

** Refinement, broader/narrower market and/or merger of markets |

Overview of notifications assessed until 30 September 2005 |

Market 10: Transit services in the fixed public telephone network Overview of notifications assessed until 30 September 2005 |

UK/2003/0015-16 | Local tandem conveyance and transit on fixed public narrowband networks (Case UK/2003/0015) and market for transit services on fixed public narrowband networks (UK/2003/0016). | National (excluding the Hull area) | BT | 1 - Provision of network Access on reasonable request. | The Commission made a comment on: Reliance on comments from parties other than the Commission and other NRAs: Any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Cost-orientation and cost accounting |

4 - Charge control |

5 - Transparency |

6 - Accounting separation. |

UK/2004/0045 (further amended by cases UK/2005/0217-0218) | See Cases UK/2003/0015-0016. | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/0015-0016). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0072 | See Cases UK/2003/0015-0016. | Modifications to the charge control obligation already imposed on BT in cases UK/2003/0015-0016. | No comments made by the Commission. |

UK/2005/0164-0165 | See Cases UK/2003/0015-0016 | In relation to the market for ITC/ITT services, all SMP obligations imposed previously on BT were withdrawn | No comments made by the Commission. |

In the market for LTC/LTT services previous obligations are maintained (see cases UK/2003/0015-0016). In addition, the following amendments to previous obligations were made: |

1- Revised charge control |

2 - Amendments to the requirement (i) not to unduly discriminate and (ii) to notify charges, terms and conditions. |

FI/2004/0043 | 12 separate local transit markets and one market for nationwide transit services | National transit: not analysed | 1 - Interconnection | The Commission declared the notification incomplete on the following grounds: The analysis presented by Ficora was not sufficiently reasoned for the purposes of allowing the Commission to carry out its tasks, and to evaluate the notified draft measures. The notification lacked the appropriate argumentation for excluding national transit traffic from the market analysis. |

Following SMP operators in local transit markets: | 2 - Obligation to publish delivery terms and tariff information |

3 - Non-discrimination obligations concerning pricing and other terms |

Auria Networks Oy, Elisa Oy, Kesnet Oy, KPY Verkot Oy, Kymen Puhelin Oy, Länsilinkki Oy, Mikkelin Puhelin Oy, Oulun Puhelin Oy, Satakunnan Puhelin Oy, Sonera Carrier Networks Oy, Soon Net Oy, Telepohja Oy, Tikka Networks Oy, Vaasan Läänin Puhelin Oy |

FI/2004/0075 | Similar to the Recommendation. | 12 separate local transit markets and one market for nationwide transit services | Auria Networks Oy, Elisa Oy, Kesnet Oy, KPY Verkot Oy, Kymen Puhelin Oy, Länsilinkki Oy, Mikkelin Puhelin Oy, Oulun Puhelin Oy, Satakunnan Puhelin Oy, Sonera Carrier Networks Oy, Soon Net Oy, Telepohja Oy, Tikka Networks Oy, Vaasan Läänin Puhelin Oy | 1 - Interconnection | No comments made by the Commission. |

2 - Obligation to publish delivery terms and tariff information |

3 - Non-discrimination obligations concerning pricing and other terms |

SE/2004/0051 | Similar to the Recommendation. | National | TeliaSonera Sverige AB | 1 - Obligation to meet reasonable requests for interconnection | The Commission made a comment on: National consultation run in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 - Cost-orientation |

3 - Non-discrimination |

4 - Accounting separation |

5 - Transparency (reference offer) |

6 - Obligation to meet reasonable requests for direct billing and cascade billing agreements |

AT/2004/0090 | Market including self-supply through direct interconnection. | National | No SMP found | No remedies were imposed | The Commission issued a veto decision, on the following grounds: insufficient evidence for the inclusion of self-provision through direct interconnection in the market, results of the market analysis and on the importance of applying a thorough greenfield analysis. |

DE/2005/0145, DE/2005/0235 (remedies) | Five separate markets for transit services: i) transit services in the fixed public telephone network plus call origination for carrier (pre-) selection services; ii) transit services in the fixed public telephone network plus origination of calls to value-added services; iii) transit services in the fixed public telephone network plus call origination for dial-up internet services; iv) transit services in the fixed public telephone network plus call termination in national networks excepting calls originating and terminating in national mobile networks and v) transit services in the fixed public telephone network for calls originating and terminating in national mobile networks. | National | Deutsche Telekom AG | 1 - Access (including interconnection services, collocation) | In case DE/2005/0145, the Commission made a comment with regard to the determination of remedies at a later stage. |

No SMP was found in the market for transit services in the fixed public telephone network for calls originating and terminating in national mobile networks, i.e., market 5. | 2 - Non-discrimination | In case DE/2005/0235, the Commission made a comment on: |

3 - Price control (in relation to interconnection, conveyance and collocation) | Accounting separation: Given the risk of cross-subsidisation arising from the operations of a vertically- integrated company, the Commission invites BNetzA for the purposes of enhancing transparency and legal certainty to consider imposing accounting separation as a separate measure. |

IE/2005/0192 | Similar to the Recommendation. | National (international transit services are distinguished from the market for national transit services) | Eircom | 1 - Transparency | The Commission made a comment on: Further consultations planned by ComReg: The draft measures relating to the details and implementation of the obligations of cost accounting, accounting separation and wholesale price caps are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Access to and use of specific network facilities on reasonable request |

4 - Price control and cost accounting |

5 - Accounting separation |

PT/2005/0154 | Similar to the Recommendation. | National | No SMP found | No remedies were imposed | The Commission commented that the elements provided by Anacom to find that the relevant market would not meet the three criteria test should be further developed. Irrespective of whether, as a result of the three criteria test, the Portuguese market for transit services in the fixed public networks could be found to be susceptible to ex ante regulation, the market analysis in this particular case would still not have led to a finding of SMP. |

2 - Non discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting obligations |

Market 11: Wholesale unbundled access (including shared access) |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

* Includes cable connections. |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 11: Wholesale unbundled access (including shared access) to metallic loops and sub-loops for the purpose of providing broadband and voice services Overview of notifications assessed until 30 September 2005 |

FI/2003/0030 | Similar to the Recommendation. | 44 local markets | 44 former local monopolies | 1 - Obligation to lease part of a local loop and equipment facilities (on all SMP operators) | The Commission made comments on: Imposition of remedies: Where Ficora intends to impose different remedies on different operators within similarly defined markets the reasons for such differential treatment should be adequately reasoned. Further, Ficora should monitor market developments. Cost orientation and cost accounting obligations: The Commission expresses concerns on the approach not to specify the method on which cost orientation will be assessed, which it believes will limit the measure’s contribution to consumer benefit, the enhancement of competition and the development of the internal market. |

2 - Obligation to publish delivery terms and tariff information (on all SMP operators) |

3 - Obligation concerning pricing and other terms (cost orientation and non-discrimination) (on certain SMP operators) |

4 - Cost accounting procedures (on certain SMP operators) |

5 - Accounting separation (on certain SMP operators) |

IE/2004/0046 | Similar to the Recommendation. | National | eircom | 1 - Access obligations | The Commission made comments on: Costing methodology for the implementation of the cost orientation obligation: In view of the relatively high prices and low penetration rate of LLU in Ireland, ComReg was invited to monitor market developments carefully, and especially (i) how the implementation of the proposed forward-looking long run incremental cost methodology would be more effective at addressing the lack of effective competition in the provision of fully unbundled lines, shared lines, collocation and associated facilities, than the current obligation of fully distributed costs and (ii) how and to what extent these would positively impact on the level of prices and the numbers of fully unbundled and shared access lines in Ireland. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 - Non discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting |

2 - Cost orientation (LRIC) and cost accounting |

3 - Non-discrimination |

4 - Transparency (reference offer) |

UK/2003/0094 | The wholesale local access market, in addition to traditional copper local loops also including cable connections. | 2 separate markets (the UK excluding the Hull area and respectively the Hull area) | BT (UK excluding the Hull area) and Kingston (the Hull area) | 1 - Provision of access on reasonable request | The Commission made a comment on: Product market definition, including both copper loop-based and cable-based wholesale local accesses: When including cable-based wholesale services in the relevant market, consideration should be given to the technical, practical and economic feasibility for cable operators to offer facilities equivalent to unbundled local loops. The indirect pricing constraint stemming from the substitutability at the retail level and the potential competition of cable-based wholesale local access could have been taken into account at the stage of assessment of SMP. Notwithstanding, while this approach may have led to a narrower market definition and there remain doubts as to whether cable-based wholesale products (whether currently or prospectively) form part of the market, the exclusion of cable-based wholesale services from the market definition in this particular case would not have led to a different result in the SMP analysis. Consequently, a conclusion on the exact scope of the market was not relevant for the SMP assessment. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Transparency |

5 - Collocation |

6 - Accounting separation (on BT only |

UK/2004/0123 | See Case UK/2003/0094. | Slight modification of the remedies already notified because of the establishment of the Telecommunications Adjudicator. | No comments made by the Commission. |

2 - Publication of a Reference Unbundling Offer within one month of issue of TKK’s decision |

3 - Cost-oriented prices according to the cost of efficient service provision |

4 - Non-discrimination |

5 - Accounting separation |

6 - Cost accounting providing for the cost of efficient service provision |

SK/2004/0107 | Similar to the Recommendation. | National | Slovak Telecom | 1 - Transparency (including the publication of technical specifications) | The Commission made comments on: Implementation of the proposed cost orientation obligation: As TÚSR failed to provide adequate transparency and legal certainty for market players by specifying the details of the proposed cost orientation obligation, the Commission had concerns as to whether the proposed price control obligation will be effective at addressing the lack of effective competition in the relevant market, and requested that once adopted, TÚSR will notify the relevant implementing measures. National public consultation: NRAs must conduct a national consultation on each draft measure taken in accordance with the Framework Directive or the Specific Directives which have a significant impact on the relevant market. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Access to, and use of, specific network facilities |

5 - Price control, including the obligation of cost-orientation |

PT/2004/0117 | Similar to the Recommendation. | National | PT Comunicações | 1 - Provide access to and use of specific network facilities | The Commission made a comment on: Costing methodology for the implementation of the price control obligation: Anacom was invited to follow market developments carefully and to assess whether a forward looking approach long-run incremental cost model would not be more appropriate than the fully distributed historic costs model, originally proposed by ANACOM. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting |

6 - Provide accounting information |

DE/2004/0119, DE/2005/0150 (remedies) | The wholesale market for unbundled access (including shared access) to metallic loops and sub-loops for the purpose of providing broadband and voice services, also including unbundled access to local loops on the basis of OPAL and ISIS2 at the main distribution frame or subloops. | National | Deutsche Telekom | 1 - Fully unbundled access to the local loop in the form of a copper pair and shared access | In case DE/2004/0119, the Commission made comments on: Consideration of fibre glass connections to end-users: Relying on the Recommendation and the SMP Guidelines, RegTP excluded fibre glass connections from the scope of the relevant market (and thus from the market analysis). However, to the extent that fibre glass connections can be used to offer wholesale unbundled access to local loops and sub-loops for the purposes of providing broadband and voice services, like metallic loops and sub-loops, they may thus, on the basis of specific national circumstances, form part of market 11. Fibre glass connections or part of them may also be found to belong to a separate market which is not in the Recommendation, subject to the three criteria test. In any event, since fibre lines are currently regulated in Germany, it needed to be emphasised that the possible maintenance, withdrawal or modification of current regulation needs to be based on a new market analysis in accordance with Article 16 of the Framework Directive. Remedies to be determined at a later stage: The Commission highlighted that RegTP will have to notify the remedies it intends to impose in the markets concerned under Article 7(3) of the Framework Directive. In case DE/2005/0150, the Commission made comments on: Scope of the proposed remedies: As glass fibre connections in Germany may form part of market 11, the Commission questions whether the remedies notified on 25 February 2005 in relation to that market should not also extend to glass fibre connections. Withdrawal by RegTP of DT’s obligation to provide access to its glass fibre connections: Despite the Commission’s comment in case DE/2004/0119, RegTP intends to withdraw DT’s existing obligation to provide access to its glass fibre connections without a market analysis as required by Article 27 in conjunction with Article 16 of the Framework Directive. In the absence of such a market analysis notified to it, the Commission is not in a position to assess the proposed withdrawal of existing regulation. Commission considers that the proposed withdrawal of the existing regulation for access to pure glass fibres is not made pursuant to a market analysis based on a market definition that has been duly notified to the Commission. |

2 - Bundled access to the local loop in the form of a copper pair at the main distribution frame, including to the OPAL/ISIS variant |

3 - Collocation |

4 - Non-discrimination |

5 - Transparency (reference unbundling offer) |

6 - Price control, based on the costs of the efficient provision of services |

7 - Communication of the location of local loops and of collocation spaces to interested parties on request |

SI/2005/0142 | Similar to the Recommendation. | National | Telekom Slovenije | 1 - Access on reasonable request | The Commission made a comment on: Choice of an appropriate cost accounting methodology to prevent margin squeeze: APEK indicated that the price for fully unbundled access to the local loop in Slovenia is substantially higher than retail access price and gives rise to a likely margin squeeze creating thus an obstacle for operators to enter the market and preventing the existence of effective competition at the retail level. APEK considered the forward looking LRIC cost accounting method to be the most appropriate for the evaluation of cost oriented prices for unbundled access to the local loops, but concluded, however, that this model would represent an excessive burden on Telekom Slovenije and is therefore not proportionate in the current conditions. However, the Commission had concerns as to whether the cost accounting methodology proposed will be effective at addressing the lack of effective competition in the relevant market, at least in the medium term. |

2 - Non-discrimination |

3 - Transparency |

4 - Cost accounting (fully distributed common costs) |

5 - Price control |

6 - Accounting separation |

SI/2005/0181 | See Case SI/2005/0142. | 1 - Price control and cost accounting obligations (prolongation by 6 months of the period for implementing the cost orientation obligation) | The Commission made a comment on: Choice of an appropriate cost accounting methodology to prevent margin squeeze: In its revised notification APEK indicated that a possibility of price squeezes between the wholesale and retail prices of local loops cannot be fully excluded in Slovenia. APEK considered the forward looking LRIC cost accounting method to be the most appropriate for the evaluation of cost oriented prices for unbundled access to the local loops, but concluded, however, that this model would represent an excessive burden on Telekom Slovenije and is therefore not proportionate in the current conditions. However, the Commission had concerns as to whether the cost accounting methodology proposed will be effective at addressing the lack of effective competition in the relevant market, at least in the medium term. |

2 – Accounting separation obligation (requirement on Telekom Slovenije to render transparent its wholesale prices instead of both wholesale prices and internal transfer prices) |

2 - Non-discrimination |

3 - Transparency (publication of a reference offer) |

4 - Accounting separation |

5 - Cost orientation and cost accounting |

DK/2005/0176 | Similar to the Recommendation. The market comprises additionally the services provided in those cases where a retail end-user stops using the narrowband service (voice) provided over the local loop, but still keeps his broadband connection provided by his broadband operator. | National | TDC | 1 - Requirement to provide wholesale unbundled access at reasonable request | No comments made by the Commission. |

2 - Price control and cost accounting (LRAIC) |

3 - Accounting separation |

4 - Non-discrimination |

5 - Requirement to publish a reference offer |

HU/2005/0185 | Similar to the Recommendation. | 5 markets corresponding to the former concession areas of the former concession operators | Matáv Rt., Invitel Távközlési Szolgáltató Rt., Hungarotel Távközlési Rt., Emitel Távközlési Rt. Monor Telefon Társaság Rt. | 1 - Transparency | The Commission made comments on: Non-imposition of ex ante regulatory obligations concerning “out of use local loops”: Unless it is technically not possible or economically not viable to unbundle a particular local loop that has been out of use, “out of use” loops should be included in the relevant market, and made subject to the remedies proposed for local loops in use. Choice of an appropriate cost accounting methodology: NHH should follow market developments carefully and assess whether a forward looking approach long-run incremental cost model would not be more appropriate in addressing the lack of effective competition than the fully distributed cost model, originally proposed by NHH. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Obligation to provide access and interconnection |

5 - Particular obligations concerning facility sharing and co-location |

6 - Price control and accounting separation |

Market 12: Wholesale broadband access |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

* Refinement, broader/narrower market and/or merger of markets |

** Differentiated or no remedy imposed on certain SMP operators. |

***Including the notification concerning the market for "Wholesale broadband access delivered at national level in France." |

**** This remedy was not imposed in the market for "Wholesale broadband access delivered at national level in France." |

Overview of notifications assessed until 30 September 2005 |

Market 12: Wholesale broadband access Overview of notifications assessed until 30 September 2005 |

UK/2003/0032, 0033 and 0034 | Wholesale asymmetric broadband origination (in the UK excluding the Hull area and in the Hull area, including both cable and PSTN networks) and broadband conveyance (in the UK excluding the Hull area). | Two separate markets for broadband origination (UK excluding the Hull area and the Hull area) and one separate market for broadband conveyance (for the UK excluding the Hull area) | BT (broadband origination and broadband conveyance in the UK excluding the Hull area) and Kingston (broadband origination in the Hull area) | 1 - General obligation to provide network access on reasonable request (both for BT and Kingston) | The Commission made comments on: Product market definition of asymmetric broadband origination including both DSL-and cable-based wholesale: Although it was not seen as possible to provide asymmetric broadband origination services over the cable networks, given the indirect pricing constraint exercised by cable-based services at the retail level, Oftel concluded that the wholesale market for asymmetric broadband origination includes both DSL-and cable-based wholesale services. By including cable-based wholesale broadband access services in the relevant market, Ofcom should have given greater consideration to the technical, practical and economic feasibility for cable operators to offer facilities equivalent to bitstream access. Notwithstanding, while this approach may have led to a narrower market definition, and there remained doubts as to whether cable-based wholesale services from the market definition would not have lead to a different result in the SMP analysis. Consequently, a conclusion on the exact scope of the market was not relevant for the purposes of the SMP assessment. National consultation run in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 -Non-discrimination (both for BT and Kingston) |

3 - Transparency (reference offer) (both for BT and Kingston) |

4 - Transparency (requirement to notify terms and conditions) (both for BT and Kingston) |

5 - Requirement to notify technical information (both for BT and Kingston) |

6 - Accounting separation (both for BT and Kingston) |

7 - Retail minus pricing approach for network access (for BT only) |

8 - Requirement to provide quality of service information (for BT only) |

9 - Obligations relating to new network access (for BT only) |

UK/20040064 | See Cases UK/2003/0032-0034. | Details of transparency obligations (publication of Quality of Service and information in the form of Key Performance Indicators) | No comments made by the Commission. |

FI/2004/0062 | The market for wholesale broadband services, comprising bitstream services and services alike (provided by any technology), but excluding the access link to the customer premises in the PSTN network. | Regional | 43 local operators | 1 - Obligation to lease transmission capacity (including necessary equipment) to the other operators as a wholesale broadband product | The Commission made comments on: Definition of wholesale broadband services markets: Ficora's market definition does not cover the access link to the customer premises. Therefore, in order to be able to provide broadband services to end-users, a third party must acquire a further local loop product, in addition to the wholesale broadband product. However, since the local loop product is regulated, and the wholesale broadband services markets are proposed to be regulated, the availability of “access to data transmission services to be supplied to an end user at a fixed location” in Finland would not be different to a situation where the wholesale broadband access market would be defined in accordance with market 12 of the Recommendation. The Commission trusted that the combination of regulation of unbundled local loops and the wholesale broadband services will provide access seekers with a seamless service both in respect of technology and in respect of the commercial contracts involved. Ficora will need to examine any change in the regulatory measures in the local loops markets also in terms of their impact on the market for wholesale broadband service and vice-versa. Prices and conditions: Regulating the wholesale broadband access market in a way which requires a third party to acquire two separate wholesale products may not be the most effective way to promote competition. Although the provision of two separate products instead of one will not lead to any competitive disadvantage for access seekers, Ficora should ensure, however, that the two wholesale products in combination are provided on conditions and at prices which are comparable to a situation where a regulated single wholesale input were available. Inclusion of cable in the definition of the wholesale broadband access market: Despite the fact that the evidence provided does not seem to sufficiently support the conclusion that wholesale broadband services provided over a PSTN network and a cable network belong to the same market, the exclusion of cable-based wholesale services from the market definition would not have led to a different result of the SMP analysis in this particular case. |

2 - Transparency (publish delivery terms and tariff information) |

3 - Non-discrimination |

SE/2004/0083 | Wholesale broadband access in the form of bitstream access (including cable-TV networks and Local Area Networks). | National | Teliasonera AB | 1 - Access obligation | The Commission made a comment on: Cable-TV networks as alternative infrastructure for the provision of wholesale bitstream access: No bitstream connections are currently provided over cable-tv networks in Sweden. Consequently, PTS is invited to make clear in its final decision that cable-TV networks are excluded from the relevant product market, and to consider concluding that it is unlikely for cable-TV operators to enter the market for wholesale bitstream access in the near future. Potential competition from cable-TV operators could only constrain to a very limited extent, if at all, the market behaviour of the current providers of wholesale bitstream access. |

2 - Price regulation (retail minus) and cost accounting |

3 - Non-discrimination |

4 - Transparency (reference offer) |

IE/2004/0093 | Bitstream access permitting the transmission of broadband data in both directions and other wholesale access provided over other infrastructures, if and when they offer facilities equivalent to bitstream access. Includes cable networks and Fixed Wireless Access (FWA). | National | eircom | 1 - Access to and use of specific network facilities | The Commission made a comment on: Self-supply by cable operators and FWA operators in the relevant product market: ComReg explicitly excludes any potential direct constraint exercised by providers of cable- or Fixed Wireless Access (FWA)-based wholesale inputs and bases its conclusions on market definition entirely on an assumed indirect pricing constraint derived from substitutability at the retail level. In the presence of evidence excluding demand side substitutability at the wholesale level, such an indirect competitive constraint could have been taken into account subsequent to the definition of the relevant market, i.e. at the stage of assessment of SMP. In the case of FWA platforms, the limited capacity carried on these networks may even call into question the existence of an indirect pricing constraint, as one of the assumptions of the “indirect pricing constraint” approach is the ability of providers to increase output in case of a retail price increase by the competing network operator. |

2 - Non-discrimination |

3 - Transparency |

4- Accounting separation |

5 - Price control and cost orientation (pending a further decision on wholesale price control, retail minus pricing is applied) |

PT/2004/0118 | Wholesale broadband access services (supported by the PSTN and the cable-TV-network). | National | The PT Group | 1 - Access obligation | The Commission made a comment on: Inclusion of cable in the definition of the wholesale broadband access market: Before including cable networks in the relevant market definition, the NRAs should give due consideration to the technical, practical and economic feasibility for cable operators to offer facilities equivalent to bitstream access. There are specific aspects of the Portuguese market which should be taken into account when assessing whether cable should be included in the market, such as the fact that the national cable network is to a large extent already upgraded to provide interactive services. The fact that one operator has previously requested, and been denied, access to the cable network might suggest that there is a certain degree of demand-side substitutability in the market. It may be questioned whether wholesale broadband access via the cable network should be included in the relevant product market. However, in this particular case the exclusion from the relevant product market of wholesale bitstream access provided via cable-TV networks would not lead to a different result in the SMP analysis. Consequently, a conclusion on the exact scope of the relevant product market is not relevant for the purposes of SMP assessment. However, should the PT Group decide to divest of its cable-TV-business, the use of the current definition of the relevant product market may have a major impact on the SMP finding. Therefore, Anacom was asked to re-conduct its market analysis and the proposed remedies in case PT Group decides to divest of its cable business. |

2 - Non-discrimination |

3 - Transparency and reference offer |

4 - Accounting separation |

5 - Price control (retail minus) and cost accounting |

6 - Information requirements |

FR/2005/0175 | Similar to the Recommendation. | Metropolitan France, the French over-seas territories and Mayotte, excluding the territory of Saint-Pierre-et-Miquelon | 1 - Access obligation | No comments made by the Commission. |

2 - Non-discrimination |

3 - Transparency - obligation to make public information regarding access |

4 - Quality of service |

5 - Price control (prices should be cost-oriented reflecting “the long-run costs of an efficient operator") |

6 - Accounting separation |

FR/2005/206 | The provision of wholesale broadband access products delivered at a single national point of presence, regardless of whether (i) the technical interface used is IP or ATM and (ii) the products are meant to be provided ultimately to residential or non-residential customers at retail level, excluding wholesale access technologies other than DSL such as cable. | Metropolitan France, the French over-seas territories and Mayotte | France Télécom | 1 - A form of price control (i.e. “interdiction de pratiquer des tarifs d’éviction”) | The Commission made comments on: Market definition: In previous cases notified pursuant to Article 7(3) of the Framework Directive, the product market in question has been considered by some NRAs to be part of market 12 of the Recommendation. In the present case, however, and on the basis of the notification and the additional information provided by ARCEP, the Commission is of the view that ARCEP has demonstrated specific national circumstances justifying that the notified market constitutes a separate market susceptible for ex ante regulation. SMP assessment: Market shares in the present case may not necessarily reflect reliable information on the competitive level of supply on the relevant market. ARCEP accords great importance to France Télécom’s economies of scale and scope following Wanadoo’s reintegration (i.e. to the essential role of these economies in France Télécom’s production cost structure). The Commission considers that, should the upstream remedies be already properly enforced, these economies could be constrained, to a certain extent. ARCEP should consider reflecting better this point in the final measure. ARCEP should also consider explaining in more detail in the final measure the obstacles that could limit a self-supplier’s ability to enter the market. Moreover, imminent structural changes and their effects on the competitive conditions on the market need to be addressed in ARCEP’s analysis. Remedies: When the obligations on LLU and regional bitstream will be properly enforced and in particular accounting separation, regulation as proposed in this notification would no longer be necessary. In this respect, given the uncertainties as to how market conditions will evolve beyond the next 12 months and the effect of upstream remedies being properly enforced, the Commission invites ARCEP (i) to ensure full and effective enforcement of existing LLU and regional bitstream obligations within the shortest possible timeframe; (ii) to commit reviewing the present market analysis once the full enforcement of the remedies referred to in (i) above is ensured and at the latest within one year following adoption of the final measure resulting from this notification, and (iii) to limit the validity of the obligations proposed in the present draft measure accordingly. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Obligation to formalise and transmit to ARCEP the tariffs and technical conditions of internal transactions between the wholesale “network” branch and the retail “ISP” branch. |

HU/2005/0186 | Similar to the Recommendation. | 5 markets corresponding to the former concession areas of the former concession operators | Matáv Rt., Invitel Távközlési Szolgáltató Rt., Hungarotel Távközlési Rt., Emitel Távközlési Rt. Monor Telefon Társaság Rt. | 1 - Transparency | The Commission made comments on: Implementation of the proposed “retail minus” obligation: NHH is invited to adopt the draft measure setting out the details of the “retail minus” formula as soon as possible in order to provide adequate transparency and certainty for the market players concerned. In this respect, NHH is reminded that once adopted, the measure setting out the margin between the retail and wholesale offerings should be notified under Article 7(3) of the Framework Directive. Offerings other than local and national bitstream access: In case there would be unsatisfied market demand for other types of wholesale bitstream access, in particular at ATM level, NHH should consider the use of the regulatory means available to it, including particularly the launch of a market review procedure. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Access and interconnection |

5 - Price control and cost-orientation (local bitstream access to be provided on cost-oriented prices, based on FDC methodology; national bitstream access to be provided on retail minus basis) |

Provision of voice services using a bitstream access product: NHH should ensure that there are no unjustified limitations imposed by the SMP operators on third parties such as preventing them from using local bitstream access to offer voice services. |

DK/2005/0182 | Withdrawn by the National Regulatory Authority (renotified under case number DK/2005/0209) |

2 - Non-discrimination |

3 - Cost accounting and accounting separation |

4 - Transparency |

5 - Price control in the form of uniform national pricing based on modified historic costs for the access products |

Market 13: Wholesale terminating segments of leased lines |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

** Refinement, broader/narrower market and/or merger of markets |

Overview of notifications assessed until 30 September 2005 |

Market 13: Terminating segments of leased lines Overview of notifications assessed until 30 September 2005 |

UK/2003/0037-0038 | Refinement of the market definition in the Recommendation, four wholesale markets in the UK excluding the Hull area and in the Hull area: – wholesale low bandwidth traditional interface symmetric broadband origination (up to and including 8Mbit/s); – wholesale high bandwidth traditional interface symmetric broadband origination (above 8Mbit/s up to and including 155Mbit/s); – wholesale very high bandwidth traditional interface symmetric broadband origination (above 155Mbit/s) in the UK excluding the Hull area; – wholesale alternative interface symmetric broadband origination. | National market with local characteristics (UK excluding the Hull area and the Hull area) | BT (with the exception of the very high capacity segment, where no SMP was found) and Kingston (with the exception of the very high capacity segment | 1 - Provision of network access on reasonable request | The Commission made comments on: Market definition: On the basis of the existence of different competitive conditions, Oftel has refined the leased line product markets as defined in the Recommendation, allowing proposing the removal of existing regulation on the market for very high bandwidth circuits. Oftel has defined a national market with local characteristics taking account of certain variations in the level of competition in different areas. Oftel's analysis is consistent with the methodology set out in the Recommendation and in the Commission's Guidelines on market analysis and the assessment of significant market power. Ofcom is invited to monitor closely the market developments and examine whether the proposed wholesale obligations (and in particular the ability for tariffs for wholesale trunk segments to be geographically de-averaged) change the geographic variations to such a degree as to make the definition of an alternative geographic market more appropriate in the future. National consultation run in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 - Non-discrimination |

3 - Basis of charges obligation (cost orientation and a cost accounting system ) |

4 -Transparency (reference offer and technical information) |

5 - Price control (BT only) |

6 - Accounting separation (BT only) |

7 - Requirement to provide advance notification of changes to (or introduction of) prices, terms and conditions (BT only) |

8 - Requirement to provide quality of service information (BT only) |

9 - Obligations relating to requests for new network access (BT only) |

UK/2004/0077 | See Cases UK/2003/0037-0038. | Amendments to the interim charge control obligations imposed on BT | No comments made by the Commission. |

UK/2004/0123 | See Cases UK/2003/0037-0038. | Slight modification of the remedies already notified because of the establishment of the Telecommunications Adjudicator. | No comments made by the Commission. |

2 - Obligation to publish delivery terms and tariff information |

3 - Non-discrimination |

AT/2004/00100 | Similar to the Recommendation. | National | Telekom Austria | 1 - Provision of access to terminating segments on reasonable request | The Commission made a comment encouraging TKK to make clear that the proposed remedies would apply to all products within the relevant market and that the specific obligations set down in national legislation relating to leased lines used for the purpose of network interconnection are above and beyond those proposed for this market. |

2 - Cost orientation and cost accounting |

3 - Non-discrimination |

4 - Transparency (reference offer) |

5 - Accounting separation |

2 - Non-discrimination |

3 - Accounting separation |

4 - Access obligation |

5 - Price control (retail minus) |

IE/2005/0139 | Similar to the Recommendation. | National | eircom | 1 - Access obligation | The Commission made a comment on: The further consultation planned by ComReg: The draft measures relating to the details and implementation of the accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting |

PT/2005/0156 | Similar to the Recommendation (in addition to traditional terminating leased lines, the market definition covers also symmetric xDSL technologies with capacity up to and including 2 Mbps). | National | PT Comunicaçõnes | 1 - Access obligation | No comments made by the Commission. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control (cost orientation and retail minus) and cost accounting |

SE/2005/0200 | Facilities providing for transparent symmetric transmission capacity between network termination points which do not include on-demand switching (similar to the Recommendation). | National | TeliaSonera | 1 - Provision of terminating segments on reasonable request | The Commission made a comment on: Market share data: The market share data collected by PTS indicate an aggregated market share with regard to all types of wholesale leased lines i.e. terminating and trunk segments considered jointly. When notifying the market for trunk segments, PTS is encouraged to provide more specific figures or estimations for that market, excluding terminating segments. |

2 - Price regulation of certain terminating segments (cost-orientation based on fully distributed costs) |

3 - Obligation to interconnect networks on reasonable request |

4 - Notification of price changes and submission of accounts statements |

5 - Non-discrimination |

6 - Publication of important terms and conditions |

7 - Accounting separation |

SI/2005/0220 | Withdrawn by the National Regulatory Authority |

Market 14: Wholesale trunk segments of leased lines |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Austria | YES | No SMP found |

Finland | YES | No SMP found |

Hungary | YES | No SMP found |

Overview of notifications assessed until 30 September 2005 |

Market 14: Wholesale trunk segments of leased lines - notifications assessed until 30 September 2005 Overview of notifications assessed until 30 September 2005 |

UK/2003/0039 | Similar to the Recommendation. | National | BT | 1 - Obligation to provide network access on reasonable request | The Commission made comments on: Market definition: The Commission invites Ofcom to monitor closely the market developments and examine whether the proposed wholesale obligations (and in particular the ability for tariffs for wholesale trunk segments to be geographically de-averaged) change the geographic variations to such a degree as to make the definition of an alternative geographic market more appropriate in the future. National consultation run in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. |

2 - Requirement not to discriminate unduly |

3 - Basis of charges obligation (cost orientation and a cost accounting system ) |

4 -Transparency (reference offer and technical information) |

5 - Price control |

6 - Accounting separation |

7 - Requirement to provide advance notification of changes to (or introduction of) prices, terms and conditions; |

8 - Requirement to provide quality of service information |

9 - Obligations relating to requests for new network access |

IE/2005/0140 | Similar to the Recommendation. | National | eircom | 1 - Access obligation | The Commission made a comment on: Further consultation planned by ComReg: ComReg states in its draft measures that a further consultation will be held on the details and implementation of accounting separation and cost accounting obligations. The Commission services would like to remind ComReg that draft measures relating to these regulatory obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting |

2 – Non-discrimination |

3 – Transparency |

4 – Accounting separation |

5 – Price control |

SI/2005/0220 | Withdrawn by the National Regulatory Authority |

Market 15: Access and call origination on public mobile telephone networks |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Austria | YES | No SMP found |

Finland | YES | No SMP found* |

Hungary | YES | No SMP found |

United Kingdom | YES | No SMP found |

* In its notification FI/2004/0082, Ficora proposed to designate one operator with SMP. The notified draft measure was vetoed by the Commission on 5 October 2004. On 13 October 2004, following the veto decision, Ficora adopted a final measure taking into account the Commission veto decision and concluded that the market is effectively competitive. Therefore, there is no operator with SMP in the market. |

Overview of notifications assessed until 30 September 2005 |

Market 15: Access and call origination on public mobile telephone networks Overview of notifications assessed until 30 September 2005 |

3 - Non-discrimination (pricing and other terms) |

4 - Obligation to negotiate on national roaming with a network operator that has a license for a third generation mobile network |

*) On 13 October 2004, following the veto decision, Ficora adopted a final measure taking into account the Commission veto decision of 5 October 2004 and concluded that the market is effectively competitive. Therefore, there is no operator with SMP in the market. |

3 - Price control - cost orientation and cost accounting |

4 - Accounting separation |

FR/2005/0179 | Withdrawn by the National Regulatory Authority: |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Overview of notifications assessed until 30 September 2005 |

Market 16: Voice call termination on individual mobile networks Overview of notifications assessed until 30 September 2005 |

FI/2003/0031 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Sonera Mobile Networks Oy Radiolinja Origo Oy Finnet Verkot Oy Ålands Mobiltelefon Ab | 1 - Interconnection | The Commission made comments on: The limitation of the remedies to the termination of calls originating on mobile networks in Finland or originating abroad: The remedies imposed should not be limited on the basis of the originating network. By limiting the remedies as is proposed, Ficora does not base the remedy on the nature of the problem identified. It is recognized that the basis for excluding calls originating on a fixed network in Finland from the proposed remedies is the Finnish Communications Act. The primacy of Community law requires any provision of national law which contravenes a Community rule to be disapplied. The asymmetrical application of certain remedies, which are imposed on three SMP operators but not on Ålands Mobiltelefon Ab: In circumstances where it is likely that the market failure identified will be the same in all markets, where a NRA intends to impose different remedies on different operators within similarly defined markets, such differential treatment should be adequately reasoned. Cost-orientation and cost accounting obligations: Where each operator is to select the cost-accounting procedures it wishes to use, this limits the measures’ contribution to consumer benefit, the enhancement of competition and the development of the internal market. |

2 - Transparency - publish delivery terms and tariff information |

3 - Obligations concerning pricing and other terms - Non-discrimination |

4 - Use of cost accounting procedure |

5 - Accounting separation |

Ålands Mobiltelefon Ab: only the first 2 remedies and non-discrimination |

UK/2003/0040 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Hutchison 3G UK Ltd O2 Ltd Orange plc T Mobile Ltd Vodafone Ltd Inquam Telecom Holdings Ltd | 1 - Provision of network access | The Commission made comments on: The appropriateness of the proposed set of obligations: Termination of voice calls on 3G networks is not as such to be considered as a novel service or a newly emerging market. It might be appropriate for Ofcom to impose in certain transparency obligations on “3”, O2, Orange, T-Mobile and Vodafone regarding 3G termination. Designation of Inquam as an operator having SMP: As Inquam’s subscribers are predominantly small- and medium-sized enterprises sensitive to the cost of customers calling them, this could limit Inquam’s freedom to set termination charges at an excessive level. National consultation run in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 - Non-discrimination |

3 - Control of charges |

4 - Transparency - to publish access contracts |

5 -Transparency - to publish charges and an advanced notice of changes to charges |

Hutchinson 3G UK and Inquam Telecom Holdings Ltd.: only the obligation to publish charges and an advanced notice of changes to charges. |

UK/2004/0087 (Remedies related to case UK/2003/0040) | See case UK/2004/0040. | Amendment of the charge controls set for 2G voice call termination. | No comments made by the Commission |

UK/2005/0199 (Remedies related to case UK/2003/0040) | See case UK/2004/0041. | Prolongation of the charge control imposed on Vodafone, O2, Orange and T-Mobile, foreseen to expire on 31 March 2006, until 31 March 2007. | No comments made by the Commission |

SE/2004/0052 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | TeliaSonera Sverige AB Tele2 Vodafone Sverige AB Hi3G Access AB Telenor Mobile Sweden AB | 1 - Provision of network access and interconnection on reasonable request | The Commission made comments on: Asymmetrical application of remedies: PTS is invited to monitor closely the development of the cost structures of the operators on which the obligation to charge ‘fair and reasonable prices’ is imposed and to assess whether its current assumptions on ‘fair and reasonable prices’ will remain relevant over the period of the market review. Parallel consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 - Transparency |

3- Non-discrimination |

4 - Accounting separation |

5 - Control of charges and cost orientation obligation (LRIC Model) |

6 - Accounting separation obligation (provide PTS with specified cost and revenues for interconnection services, including internal prices) |

7 - Obligation to apply a fair and reasonable price |

Asymmetrical application of remedies: remedies 1 - 3 for all five operators, 4 & 5 to TeliaSonera, Tele2 & Vodafone and 6 & 7 to Hi3G/3 and Djuice |

IE/2004/0073, IE/2005/0216 (remedies) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Vodafone Ireland Ltd O2 Ireland Ltd Meteor Mobile Communications Ltd Hutchison 3G Ireland Ltd | 1- Access (all operators) | The Commission made a comment on: The further consultation planned by ComReg: The draft measures relating to the details and implementation of the accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination (all operators) |

3 - Cost orientation (all operators) |

4 - Cost accounting (Vodafone and O2) |

5 - Accounting separation (Vodafone and O2) |

EL/2004/0078 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Cosmote SA Info-Quest AEBE Stet Hellas SA Vodafone-Panafon SA | 1 - Price control: cost orientation for the first 3 operators but only an obligation of fair and reasonable price for Q-Telecom | The Commission made comments on: Formal notification ahead of transposition: EETT is entitled to carry out any market analysis prior to transposition of the EU regulatory framework into national law. The validity of the outcome of the present assessment is based on the assumption of a correct transposition of the EU regulatory framework into national law to the extent that the provisions concerned by this assessment are relevant. Asymmetrical application of remedies: EETT is invited to monitor closely the development of the cost structures of the operators on which the obligation to charge “fair and reasonable prices” is imposed and to assess whether its current assumptions on “fair and reasonable prices” will remain relevant over the period of the market review. Obligation of non-discrimination in respect of GSM gateways: EETT is invited to demonstrate that the non-discrimination obligation in respect of GSM gateways either pertains to the finding of SMP in the relevant product market or is sufficiently justified as an essential element without which the proposed obligation of cost-orientation imposed on the relevant market would be ineffective. National consultation on details of generic remedies: When an NRA intends to provide details linked to a generic ex-ante regulatory obligation, interested parties should be given the opportunity to comment on the draft measure within a reasonable period. |

EL/2005/0178 (renotification of case EL/2004/0078 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Cosmote SA Info-Quest AEBE Stet Hellas SA Vodafone-Panafon SA | 1 - Price control obligations: obligation of cost orientation for the first 3 operators but only an obligation of fair and reasonable price for Q-Telecom | The Commission made a comment on: Formal notification ahead of transposition: The validity of the outcome of the present assessment is based on the assumption of a correct transposition of the EU regulatory framework into national law to the extent that the provisions concerned by this assessment are relevant to the current infringement proceedings pending against Greece. The time period between the market reviews, the national and Community consultations and the adoption of the resulting final measure should be kept as short as possible. |

2 - Obligation of non-discrimination |

3 - Obligation of access to, and use of, specific network facilities |

4 - Obligation of transparency |

5 - Obligation to publish a reference interconnection offer |

AT/2004/0099 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Mobilkom Austria AG & Co KG T-Mobile Austria GmbH One GmbH tele.ring Telekom Service GmbH Hutchison 3G Austria GmbH | 1 - Obligation to interconnect on reasonable request | The Commission made a comment on: Implementation of the proposed cost-orientation obligation: Leaving the setting of cost oriented termination charges to commercial negotiations between operators does not seem the most effective way of dealing with the identified competition problem. By not specifying the LRAIC model and the costs which can be taken into account in advance, there is no guarantee that termination rates will be oriented on efficient costs only. |

2 - Non discrimination concerning quality & external non discrimination obligation concerning prices |

3 - Transparency - publication of reference offer |

4 - Price control: cost orientation (on the basis of LRAIC) |

2 - Non discrimination concerning quality & external non discrimination obligation concerning prices |

3 - Transparency - publication of reference offer |

4 - Price control: cost orientation (on the basis of LRAIC) |

HU/2004/0101 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | T-Mobile Magyarország Távközlési Rt Pannon GSM Távközlési Rt Vodafone Magyarország Mobil Távközlési Rt. | 1 - Provision of access and interconnection | The Commission made a comment on: Implementation of the proposed cost-orientation obligation: In order to be able to assess the compatibility of the implementing measures with the requirements of Article 8(4) of the Access Directive, NHH is invited to notify, once adopted, the implementing measures setting out the timeframe and stages applicable for the reduction of termination charges. |

2 - Transparency |

3 - Non-discrimination |

4 - Accounting separation |

5 - Cost orientation and “controllability” of charges |

FR/2004/0104 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Bouygues Télécom s.a. Orange France s.a SFR s.a. . | 1 - Access to, and use of, specific network facilities | The Commission made comments on: Formal notification ahead of full transposition and of adoption of secondary legislation: The resulting measure will need to be re-notified as a draft measure, should any material/substantial elements of ART’s analysis be altered due to further delays in the transposition process, given that data and market structure may still change by a later date of transposition. Market analyses in overseas territories: The compatibility with Community law of the analysis of the relevant markets in the overseas territories will be assessed when ART notifies the corresponding SMP analyses pursuant to Article 7(3) of the Framework Directive. Market definition and GSM gateways: While there remain doubts as to the inclusion of termination of fixed-to-mobile calls through GSM gateways in the relevant market, its exclusion from the market definition in this particular case would not have led to a different result in the SMP analysis. Accounting separation and price control obligations: Decisions setting (i) the modalities of the accounting separation obligation and the costing methodologies, and (ii) the price ceiling for the year 2007 in respect of SMP undertakings are required to be notified. |

2 - Transparency |

3 - Non-discrimination |

4 - Accounting separation (modalities of which and costing methodologies to be notified) |

5 - Price control |

6 - Cost accounting obligation |

FR/2004/0120 (French Overseas Territories) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Bouygues Télécom Caraïbe s.a., Dauphin Télécom s.u., Orange Caraïbe s.a. and Saint-Martin Mobile s.u. in Guadeloupe, Martinique and Guyane; Société Réunionnaise du Radiotéléphone s.a. in Mayotte; Orange Réunion s.a. and SRR in Réunion; Saint-Pierre-et-Miquelon Télécom s.a.s. in Saint-Pierre-et-Miquelon. | 1 - Provision of access to, and use of, specific network facilities | The Commission made comments on: Market definition and GSM gateways: While there remain doubts as to the inclusion of termination of fixed-to-mobile calls through GSM gateways in the relevant market, its exclusion from the market definition in this particular case would not have led to a different result in the SMP analysis. Accounting separation and price control obligations: Decisions setting (i) the modalities of the accounting separation obligation and the costing methodologies, and (ii) the price ceiling for the year 2007 in respect of SMP undertakings are required to be notified. |

2 - Transparency |

3 - Non-discrimination |

4 - Price control |

PT/2004/0129 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Telecomunicações Móveis Nacionais, S.A. Vodafone Portugal - Comunicações Pessoais, S.A. Optimus -Telecomunicações, S.A. | 1 - Access obligation | The Commission made a comment on: Further consultation planned by Anacom: Draft measures relating to implementation of the final cost orientation and cost accounting obligations are required to be notified. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting. Pending adoption: progressive set of price reductions based on an international benchmark |

SK/2005/0136 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Orange EuroTel | 1 - Access obligation | The Commission made comments on: Implementation of the proposed cost orientation obligation: It is necessary to specify a cost model and the level of wholesale charges as soon as possible. By doing so, TÚSR will provide adequate transparency and legal certainty for market players, without causing further delays in bringing termination rates to the cost oriented level. Scope of access remedies: TÚSR should make clear that the proposed access obligations aim exclusively at remedying the lack of competition in the wholesale markets for voice call termination on individual mobile networks and would apply only to these relevant markets. National public consultation: NRAs must conduct a national consultation on each draft measure which have a significant impact on the relevant market, i.e. including the market definitions, and to give all interested parties the opportunity to comment the draft measures. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation and cost accounting |

5 - Price control, including cost orientation |

2 - Non-discrimination |

3 - Access to, and use of, specific network facilities |

4 - Transparency |

DK/2005/0204 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | TDC SONOFON TeliaSonera “3” Tele 2 (MVNO) | 1 - Price control obligations based on benchmarking for TDC, Sonofon and TeliaSonera, and an obligation to charge fair and reasonable prices for "3" and Tele 2 | The Commission made comments on: Price control based on comparison with other countries: If a NRA decides to impose price regulation on the basis of a comparison with other countries, it should carefully select the objective criteria and clearly justify the reasons for which it believes that the relevant market(s) in these countries are, on the background of those criteria, most suited as the basis for the comparison taking into account differences between conditions prevailing on the relevant market(s) in the countries compared and its home market. Asymmetric regulation of Tele 2 (MVNO) and “3”: In circumstances where it is likely that the market failure identified will be the same in all markets and where a NRA intends to impose different remedies on different operators within similarly defined markets, the asymmetrical application of remedies should be adequately reasoned. NITA has not duly substantiated its intended decision not to impose price-control on Tele 2 and “3”. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Transparency |

5 - Access |

NL/2005/0215 | Operator-specific relevant markets. | National | KPN Mobile Vodafone T-Mobile Orange Telfort Tele2 Mobiel | 1 - Price control on the basis of cost orientation (FL-LRIC for all operators except for Tele2 Mobiel) | No comments made by the Commission. |

2 - Provision of access upon reasonable request |

3 - Non-discrimination |

4 - Transparency |

Market 18: Broadcasting transmission services, to deliver broadcast content to end users |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Austria | NO* | SMP analysis not yet notified | Remedies not yet notified |

Overview of notifications assessed until 30 September 2005 |

Market 18: Broadcasting transmission services, to deliver broadcast content to end users Overview of notifications assessed until 30 September 2005 |

AT/2003/0002 (notification limited to market definition) | Terrestrial television broadcasting. | National | No SMP analysis | Not included in the notification | The Commission declared the notification incomplete on the following grounds: No information was provided on essential information such as the number of undertakings in the market, market shares and price levels. No information was provided on the degree of competition at retail level. No information was provided to support the conclusion on the geographic scope of the markets. |

Terrestrial FM radio broadcasting. |

AT/2003/0018 (notification limited to market definition) | Terrestrial television broadcasting. | National | No SMP analysis | Remedies not yet notified | The Commission made a comment on: Exclusion of the market for satellite television broadcasting transmission services from market analysis: Should a decision identifying trans-national market(s) under Article 15(4) of the Framework Directive be taken in the future, and/or should such decision provide guidance on how to treat the market for satellite broadcasting transmission services, NRAs concerned will be required to conduct the market analysis of these markets accordingly. |

IE/2004/0042 | Radio broadcasting transmission services on analogue terrestrial networks. | National | RTE Transmission Network Limited | 1 - Transparency | The Commission made a comment on: Market definition: The lack of competitive pressure exerted by cable transmission services on satellite transmission services and vice versa raises doubts as to whether transmission services provided over these platforms constitute a single market. |

2 - Non-discrimination |

IE/2004/0114 (additional remedies related to case IE/2004/0042) | See case IE/2004/0042. | 1 - Accounting separation | No comments made by the Commission. |

FI/2004/0076 | Digital television transmission services in terrestrial digital television network in multiplexes A, B and C in compliance with the network licenses. | National, except for the autonomous area of Åland | Digita Oy | 1 - Obligation to relinquish capacity in a terrestrial mass communication network | The Commission made comments on: Monitoring the appropriateness of proposed remedies: In light of the review by the Finnish authorities of the market for television activities in the course of 2007, the Finnish authorities are invited to monitor the appropriateness of the remedies imposed on Digita. Exclusion of satellite broadcasting transmission services from market analysis: The Finnish authorities are invited to have regard to any future Commission decision on trans-national satellite broadcasting transmission services under Article 15(4) of the Framework Directive and, to the extent that such decision may affect the Finnish authorities’ current approach, the Commission invites them to revisit their current analysis with regard to wholesale satellite transmission. |

2 - Transparency - publication of delivery terms and tariff information |

3 - Cost-orientation cost accounting |

National analogue television transmission services in the terrestrial analogue television network. | 4 - Non-discrimination |

National digital radio transmission services in the terrestrial digital network. | 5 - Accounting separation |

National analogue radio transmission services in the terrestrial analogue radio network. |

UK/2004/0111 | 1/ Access to masts and sites operated by ntl. | Market 1: Coverage area of ntl | Market 1/ ntl | 1 - Provision of network access on fair and reasonable terms (markets 1, 2 & 4) | Draft measures concerning managed transmission services withdrawn by NRA |

2 - Non-discrimination (markets 1, 2 & 4) |

2/ Access to masts and sites operated by Crown Castle. | Market 2: Coverage area of Crown Castle | 3 - Cost-orientation (markets 1, 2 & 4) | The Commission made a comment on: Exclusion of satellite broadcasting transmission services from market analysis: Ofcom is invited to have regard to any future Commission decision on trans-national satellite broadcasting transmission services under Article 15(4) of the Framework Directive. Should such a decision be taken, and should Ofcom be an NRA concerned by such a decision, it is required to conduct the market analysis with regard to wholesale satellite transmission services with other NRAs identified in such a decision in line with Article 16(5) of the Framework Directive. |

3/ Access to other masts and sites used for the provision of broadcasting services. | Market 3: National | Market 2/ Crown Castle | 4 - Transparency (reference offer) (markets 1 & 2) |

4/ National managed transmission services. | Market 4: National | Market 4/ ntl and Crown Castle (joint SMP) |

5/ Regional/metropolitan/local managed transmission services. | Market 5: National |

SE/2005/0188 (notification limited to market definition and SMP analysis) | Analogue terrestrial television. | National | Teracom AB | Remedies not yet notified | The Commission made comments on: Broadcasting transmission services via satellite: Assuming that the market is trans-national as stated by PTS, the Commission invites PTS to take into account any future decision by the Commission concerning the trans-national nature of the market for satellite broadcasting services under Article 15(4) of the Framework Directive. Should such a decision be taken and should PTS be concerned by it, PTS would – in accordance with Article 16(5) of the Framework Directive - be required to conduct the market analysis jointly with other NRAs concerned by the same decision. The exclusion from ex ante regulation of broadcasting transmission services via cable television networks: PTS considers that the barriers to enter the cable transmission market may not be sufficiently high and permanent (the first criterion) that this market would warrant ex ante regulation. The evidence provided by PTS does not enable the Commission to fully concur with such a conclusion. However, PTS has demonstrated to a sufficient extent that the structure of this market in Sweden is such that it tends towards effective competition (the second criterion) and therefore that no ex ante regulation is warranted. |

Digital terrestrial television. |

Analogue terrestrial radio. |

New Markets |

Member State | Market | SMP found for | Remedies imposed |

Ireland | Retail international leased lines | No SMP found |

Ireland | Retail leased lines above 2 Mbps | No SMP found |

* 235 separate markets, 118 competitive |

** In the Hull area. Rest of UK: no SMP |

Overview of notifications assessed until 30 September 2005 |

New Markets Overview of notifications assessed until 30 September 2005 |

IE/2005/0194 | Wholesale Market for call termination services to service providers at a fixed location. | Notification withdrawn by the NRA. |

IE/2004/0128 | Retail international leased lines. | National | No SMP found | NONE, withdrawal of regulation | The Commission made a comment on: NRA's finding is based on wholesale national leased lines. The Commission notes that the NRA will analyse possible leverage from wholesale markets when analysing this wholesale market and proposing remedies for these markets. |

UK/2003/0006 | Wholesale international services to network termination points outside the UK. | 235 separate markets | 118 markets found to be competitive; SMP for BT on 113 markets, for C&W on 4 markets | 1 - Non-discrimination | The Commission made comments on: Any material modification to the draft measure will require the draft measure to be re-notified. Substitution via indirect traffic has not been taken into account in the market definition. However this is not relevant if taken into account at SMP finding. The Commission has some doubts on consistency of NRA's analysis, in particular concerning several routes from UK to French overseas departments which should be liberalised destinations. More attention could have been given to the assessment of SMP on some other routes as market shares and pricing are declining on these routes. |

2 - Access |

2 -Transparency |

4 - Notification of terms and technical information |

UK/2003/0004 and UK/2003/0005 | Wholesale unmetered internet termination services. | Two markets: Hull area and UK outside Hull | For Hull area: Kingston, Rest of UK: no SMP | For Hull area only: | The Commission made comments on: Any material modification to the draft measure will require the draft measure to be re-notified. Evidence of a separate market as compared to metered access could have been better presented. Unmetered wholesale products could be used for metered retail services. NRA should use new data in light of a forward looking approach to conduct the three criteria test in order to decide whether a market is susceptible for ex-ante regulation. |

1 - Non-discrimination |

2 - Transparency |

3 - Access obligation |

4 - Notification of terms and technical information |

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[1] NRAs of Austria (TKK), Denmark (NITA), Finland (Ficora), France (ART/ARCEP), Hungary (NHH), Ireland (ComReg), Portugal (ANACOM), Slovakia (TO SR), Slovenia (APEK), Sweden (PTS) and the United Kingdom (Oftel/Ofcom).
[2] Customers may be allowed to opt for calls to be carried by another operator than the one providing the access line. Such an alternative operator can be selected either in advance without having to dial a routing prefix for each call (carrier pre-selection) or with having to dial a routing prefix for each call (carrier selection). Wholesale line rental makes it possible for alternative operators to offer retail access services together with calls services to end customers in a way that the customer only receives one single bill from the alternative operator. The alternative operator resells to the end customer the access line that it rents from the incumbent at the wholesale level.
[3] Voice over Internet Protocol: the transport of voice traffic using Internet Protocol technology. The VoIP traffic can be carried on a private managed network (“IP telephony”) or the public Internet (“Internet telephony”).
[4] NRAs of Austria (TKK), Denmark (NITA), Finland (Ficora), France (ART/ARCEP), Hungary (NHH), Ireland (ComReg), Portugal (ANACOM), Sweden (PTS) and the United Kingdom (Oftel/Ofcom).
[5] Residential international calls in Austria, non-residential national and international calls in Denmark, national and international calls in Finland and Sweden (both residential and non-residential markets).
[6] ANACOM, ARCEP, BNetzA, ComReg, Ficora, NHH, NITA, Ofcom, PTS, TKK, TO SR.
[7] ANACOM, ARCEP, BNetzA, ComReg, Ficora, NHH, NITA, Ofcom, PTS, TKK, TO SR.
[8] ANACOM, ARCEP, BNetzA, ComReg, Ficora, NHH, Ofcom, PTS, TKK.
[9] In addition, BNetzA which had split the transit market into various more narrowly defined product markets on the basis of the origin and destination of the call, found certain of these more narrowly defined transit markets to be effectively competitive.
[10] The Austrian regulator has challenged the validity of that decision before the European Court of Justice (“ECJ”) via a preliminary ruling request. (See case C-256/05, Telekom Austria). On 6 October 2005, the ECJ ruled that the regulator’s request for preliminary ruling was inadmissible.
[11] Local loops were already subject to ex ante regulation prior to the entry into force of the New Regulatory Framework. Council Regulation 2887/2000 on unbundled access to the local loop sets harmonised conditions for unbundled access to the local loop.
[12] ANACOM, APEK, ARCEP, BNetzA, ComReg, Ficora, NHH, NITA, Ofcom, PTS TKK, TO SR.
[13] There are three types of wholesale services that a new entrant can build on to offer retail broadband services: (i) a pure resale service, where the new entrant resells the incumbent’s broadband connection to the end user and does not invest in own infrastructure, (ii) bitstream, where the new entrant builds its own backbone but relies on the incumbent’s infrastructure for the lower and middle parts of the network, and (iii) local loop unbundling where the new entrant rolls out its own network down to the street cabinets and relies on the incumbent’s infrastructure only for the so-called “last mile”. The ladder of investment theory implies that new entrants pass gradually from relying on (i), via (ii) to (iii). In order to undertake investments in network development, they first need to be able to develop a sufficiently large retail customer basis relying on the network infrastructure of the incumbent.
[14] ANACOM, ARCEP, ComReg, Ficora, NHH, NITA, Ofcom, PTS.
[15] ANACOM, ComReg, Ficora, NHH, Ofcom, PTS, TKK.
[16] Although one NRA found that there was no SMP on the more narrowly defined market for very high capacity terminating segments of leased lines.
[17] ARCEP, APEK, ComReg, Ficora, NHH, Ofcom, PTS, TKK.
[18] ANACOM, ARCEP, BNetzA, ComReg, EETT (Greece), Ficora, MCA(Malta), NHH, NITA, Ofcom, OPTA, PTS, RRT (Lithunaia), TKK, TO SR.