Public consultation 06/10 on the draft BEREC Guidance on functional separation under Articles 13a and 13b of the revised Access Directive and national experiences

Run from 11 October to 19 November 2010

Following the review process of the EU Regulatory Framework on eCommunications, the Better Regulation Directive introduced the functional separation as a non-standard remedy. The revision to the Framework also anticipates voluntary separation by an SMP operator. The two provisions are set out in Articles 13a and 13b of the Access Directive. In order to promote consistent implementation across Europe, BEREC, building  upon the 2007 ERG Opinion on Functional Separation, has develop a draft Guidance on functional separation under Articles 13a and 13b of the revised Access Directive and national experiences (annexed to it).

With the objective to increase transparency and to provide BEREC with valuable feedback from all interested parties on the topic, BEREC published its working draft Guidance on functional separation for comments regarding the principles and the assumptions outlined in the draft document. The document was published for comments in the period 11 October - 19 November 2010.

In that period BEREC received 9 individual contributions by: Aforst, ECTA, ETNO, Fastweb, PIIT, Portugal Telecom, Telecom Italia, Telefonica and Wind.

Following the closing of the consultation period BEREC analysed the contributions and prepared a BEREC Consultation Report on the BEREC Guidance on functional separation under Articles 13a and 13b of the revised Access Directive and national experiences, which outlines the main comments received and explains how BEREC has taken them into account.

The final BEREC Guidance on functional separation under Articles 13a and 13b of the revised Access, as well as the overview of the national experience, which take into account the contributions received during the public consultation can be consulted from the current wen site, as well.

You can download the full history of the public consultation here.