BEREC

Remedies Expert Working Group

(Chair: Ofcom/Office of Communications)

A harmonised regulatory approach is a fundamental theme for BEREC. The new Regulatory Framework has introduced changes in the procedure for imposing remedies in the national markets with new powers for the Commission and BEREC. With the new regulatory framework in place and with markets developing further, a constant review of notifications will ensure that BEREC can monitor developments and review and revise its approach.

BEREC’s work in 2012 on this theme continues work in this area:

Review and update of BEREC Common Positions

BEREC has the responsibility to monitor conformity of NRA remedies with each relevant Common Position (CP) and publish a report. In 2011 BEREC published a monitoring report on NRA conformity with the three Common Positions (wholesale broadband access, wholesale local access and wholesale leased lines). This exercise will now be followed up by a review of the current BEREC CPs. The aim is to ensure that these CPs remain relevant, by undertaking an exercise to update, clarify and strengthen them in light of recent market developments and the findings of the monitoring report. Such “harmonisation cycle will continue to be at the core of BEREC harmonisation activities by ensuring that national divergences are identified and justified. This work stream is the joint responsibility of the REM and NGN EWG.

Implementation of key-remedies

The Commission has announced in its European Digital Agenda to focus on key-remedies and is expecting to issue Recommendations in the first half of 2012. The identified key-remedies are non-discrimination and regulatory accounting.

Non-discrimination

BEREC will continue to co-operate with the Commission’s services with the aim of to deliver a BEREC opinion in due course. BEREC could, based on the experiences of the Member States, give an overview of the existing non-discrimination obligations. There is also a link to the work BEREC has done so far in the field of functional separation.

See more on this in the BEREC Work programme 2012 Chapter 4.1 and 4.2.

Documentation:

BoR (12) 10 BEREC’s Review of the Common Positions on wholesale unbundled access, wholesale broadband access and wholesale leased lines - Stage 1 High Level Principles on issues of non-discrimination

BoR (11) 64 BEREC’s response to the Commission’s public consultation on non-discrimination

BoR (11) 53 A framework for Quality of Service in the scope of Net Neutrality

BoR (11) 20 BEREC monitoring report on Broadband Common Positions

BoR (10) 31 BEREC Action Plan to achieve conformity with ERG Common Position on symmetry of termination rates

BoR (10) 11 BEREC Summary consultation business services