Review of BEREC Common
Positions
Stage 1: high level principles on
issues of non-discrimination
Public workshop
Lara Stoimenova – Remedies EWG Chair
Brussels , 15 March 2012
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Objectives of today
 BEREC published a consultation on high level
principles on issues of non-discrimination
Closing date 30 March 2012
 An opportunity for stakeholders to
ask questions of clarification
provide initial comments/reactions
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Objectives for this presentation
 Key focus for BEREC is the review and update of the
three Common Positions (CPs)
Wholesale unbundled access
Wholesale broadband access
Wholesale leased lines
 Update on scope and process of the review
 Summarise consultation proposals and discussion
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Scope of the review
 NRAs need to take utmost account of BEREC CPs
 BEREC CPs to be updated in order to
make them more clear and concrete
take on board new best practice
 Key areas of update include issues relating to
non-discrimination
access, including issues relating to NGA
pricing
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The review process
• Consultation on high level principles on issues of
non-discrimination
Stage 1
Stage 2
• Consultation on updated text of CPs (all issues)
• Adopt updated CPs
Stage 3 • Q4 2012
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High level principles on non-discrimination
 High level principles with no in-built exclusions
Deviations will need to be objectively justified
Some flexibility to reflect national circumstances
 These principles will in due course be included in the
amended BEREC CPs
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High level principles on non-discrimination (2)
 Focus on non-price (behavioural) discrimination
 High level non-discrimination principles to achieve four
key objectives
Creation of a level playing field
Avoidance of unjustified first mover advantage
Provision of access products of reasonable quality
Provision of efficient wholesale switching processes
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Level playing field
 NRAs should
 Principle 1 ...impose a general obligation of non-discrimination
 Principle 2 ....clarify how the non-discrimination obligation is to be
interpreted on a case-by-case basis
 Principle 3 ...whether or not to impose equivalence,..., the exact
form of it, in light of the competition problems they have identified.
 Principle 4 ...imposing functional separation only when all other
regulatory obligations have failed ....
DISCUSSION
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Avoidance of unjustified first mover advantage
 NRAs should
 Principle 5 ... (technical and economic) replicability of the new
downstream services introduced by the SMP player
 Principle 6 ... timely availability of relevant (technical)
information according to lead times defined on a case-by-case basis
 Principle 7 ...alternative operators... influence ...characteristics
of new wholesale products...
 Principle 8 ...the SMP player in relation to lead times regarding
the removal of existing wholesale inputs
DISCUSSION
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Provision of products of reasonable quality
 NRAs should
 Principle 9 ... SMP player is required to provide a reasonable
defined level of service
 Principle 10 ... on the SMP player to provide SLGs
 Principle 11 ... a generic requirement on the SMP player to
provide KPIs as a means to monitor compliance with a nondiscrimination obligation ...
DISCUSSION
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Provision of efficient wholesale switching
processes
 NRAs should
 Principle 12 ... obligations on the SMP player in order wholesale
switching processes are speedy and efficient
...maximum allowed downtime ...is the lowest possible
...the price of the switch does not act as a barrier...
...specific measures to facilitate bulk...switching...
...bulk wholesale switching is non-discriminatory...
...continued availability of the old wholesale product...
...SMP player to introduce SLAs/SLGs and KPIs...
DISCUSSION
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Conclusions

We hope to have answered all of your questions

Closing date of consultation 30 March 2012

Looking forward to your replies
THANK YOU
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