Regulatory Framework Expert Working Group
Co-Chairs: Representatives of AGCOM/Autorità per le garanzie nelle comunicazioni) and NMHH/Nemzeti Média- és Hírközlési Hatóság
Art 7 FD-Procedures
An important part of the new Framework is Article 7/7a of the Framework Directive. The European Commission can express its serious doubts about the intention of a NRA to impose an obligation on an operator with significant market power. If this situation occurs, BEREC will issue an opinion on such serious doubts and shall cooperate closely with the Commission and the NRA concerned. To ensure the development of consistent regulatory practice, BEREC must keep track of the actual market developments. BEREC has therefore begun to capture the remedies proposed by the NRAs in their notifications, the Commission’s concerns as expressed in their comments letters (starting with comments letters from the last few years) in a systematic way and to this end has set up a database. Furthermore BEREC has set up a procedure for providing an opinion concerning any serious doubts expressed by the Commission.
Some articles in the regulatory framework ask for a cross-border approach. BEREC shall have a closer look at pan European services not only with regard to consumer protection but also with regard to feasibility for such services, as they may face difficulties. BEREC is the platform for NRAs to adopt a consistent approach and make sure that the procedures are clear in case the situations described in the relevant articles occur. For example: Article 21 Framework Directive resolution of cross-border disputes and Article 28 (1) & (2) Universal Service Directive pertaining to general accessibility to numbering resources within the EU and to fraud or the misuse of numbering resources, in particular for cross-border services.
See more on this in the BEREC Work programme 2012 Chapter 3.1 and 4.7.
BoR (11) 55 Summary of the input from the public call for contributions on possible existing legal and administrative barriers with reference to the provision of eCommunications services for the business segment