EU Review of the 2002 Regulatory Framework for Electronic Communications and Services

What is the 2002 Framework?

How was the package implemented in the UK?

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Introduction

The EU Commission is reviewing the effectiveness of the regulatory framework concerning electronic communications and the UK Government is preparing its response in preparation for negotiations on revised legislation.

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Last updated: 5 November 2008

The UK Government has undertaken a public consultation on these proposals and copies of the responses can be viewed here.

The European Commission proposals can be viewed in the original consultation document.

The UK Government response is now available.

 


 

On Monday 19 November 2007, BERR held a consultation meeting with UK stakeholders, in response to the Commission’s proposals for a revised electronic communications regulatory framework, which were published on 13 November 2007. Over 60 people attended the meeting to learn more about these proposals.

 

 

 

 

 

 

The Commission’s package of proposals comprises:

  • Revised Recommendation on Relevant Markets and explanatory note

  • “Citizen’s Rights” Directive (amending the Universal Service and e-Privacy Directives)

  • “Better Regulation” Directive (amending the Framework, Access and Authorisation Directives)

  • Regulation on an ecomms market Authority

  • Impact Assessment and summary

The main features of the proposals are:

  • Creation of a new EU agency, or “Authority”, to advise the Commission on ecomms issues, including market reviews, pan-EU services and network security.

  • A new role for the Authority to authorise at the EU level number ranges and spectrum for Pan-EU services (replacing co-ordination at national level).

  • Veto on remedies – a Commission power to veto or impose decisions of national regulators to implement national market remedies that are consistent with a harmonised framework.

  • Ensuring greater spectrum liberalisation – technology and service neutrality, market-led authorisations and secondary trading.

  • Breach notifications where personal data has been compromised (note: this only applies to personal data held by ecomms network and service providers).

  • A more hands-on approach to network resilience –minimum requirements guidelines and active enforcement.

  • Better information for consumers and improvements to number portability to make it easier to switch between providers.

  • Including functional separation in the regulators’ tool box for those who need it (we already have this in the UK (Openreach) via the Enterprise Act).

 

We expect negotiations on the proposals to last up to 18 months, with implementation in around 2010. We will consult on the proposals early in 2008 before coming to a final view on the best outcome for the UK.

For more details, including on the timetable, refer to the slides from the stakeholder meeting on 19 November 2007 or see the Commission’s website:

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A Roadmap of forthcoming activities is available from the Commission’s website