BEREC Opinion on Phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case PL/2012/1394 Wholesale Broadband Access Market in 11 Communes in Poland

On 9 November 2012 the Commission registered a notification from the Polish National Regulatory Authority, Urząd Komunikacji Elektronicznej (UKE), concerning the market for wholesale broadband access in 11 communes in Poland under case number PL/2012/1394.

On 10 December 2012, pursuant to Article 7(4) of the Framework Directive (Directive 2002/21/EC), the Commission informed UKE and the Body of European Regulators for Electronic Communications (BEREC) of its reasons for considering that the draft measure would create a barrier to the internal market and communicated its serious doubts as to compatibility of the proposed measure with EU law.

In that respect, as required by Article 3(1)(a) of the BEREC Regulation (Regulation (EC) № 1211/2009) and in relation with Article 7 and 7a of the Framework Directive, on the 14 January 2013 BEREC adopted the current opinion in relation to phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case PL/2012/1394 “Wholesale Broadband Access Market in 11 Communes in Poland”.