Transcript Slide 1
This project is funded by the
European Union
EU regulatory framework for
electronic communications
- Authorisation Directive
Richard Harris
Independent EU telecommunications consultant
ICTtrain workshop
London 3-14 November 2008
Agenda
– Vocabulary
– What’s the difference?
– The main recitals
– How do they decide?
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Vocabulary 1
• General authorisation means a
legal framework established by the
Member State ensuring rights for the
provision of electronic
communications networks or
services and laying down sector
specific obligations that may apply to
all or to specific types of electronic
communications networks and
services, in accordance with this
Directive.
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Vocabulary 2
– Significant market power: This
concept provides the basis for
imposing obligations that are
additional to those attached to the
general authorisation. These are
“specific obligations” and must be
imposed separately from those
that apply generally.
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What’s the difference
Between the 2002 rules and the
previous rules?
In essence the previous rules
allowed the MSs to devise their own
licensing arrangements for the
liberalised sector. The diversity of
approaches they adopted made it
very hard for a new entrant to serve
the whole of the EU single market.
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What’s the difference 2
The 2002 rules require MSs to put
the right to provide electronic
communications networks and
services into the law and not to
impose any administrative
procedure that could delay market
entry.
– See recitals 7 to 10. The emphasis
is on liberalisation first, regulation
second.
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The main recitals
1 & 3 experience justifies what follows
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“Objective, transparent, nondiscriminatory and proportionate”
7-10, 15-18, 25-28
Least onerous
possible, level throughout the EU, right
to interconnect, declarations, appeals,
penalties, reporting
11-14, 21-24
Special rules for use of
numbers and radio frequencies
30-32 Strict limitation on fees
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The key articles
3&4
Right to provide networks and
services, right to interconnect
5&6
Maximum access to numbers and
frequencies, all authorisations subject to
minimum conditions, all procedures OTNP
12&13 Fees
Annex list of conditions that MS may attach
to authorisations
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Thank you for your attention
[email protected]
For more information:
See - Europa web-site
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