2013年-CEPS欧洲政策研究中心_European_Communications_at_the_Crossroads_43页_134kb

Summary of "European Communications at the Crossroads"

Core Content

This report, authored by the CEPS Working Party on Electronic Communications, provides an in-depth analysis of the regulatory framework for the European communications industry, particularly focusing on the Significant Market Power (SMP) regime, regulatory coordination, and the internal market objectives. The report highlights the challenges and opportunities in shaping a coherent and effective regulatory environment that supports competition, innovation, and consumer protection across the EU.

Main Views and Key Points

1. SMP Framework and Scale of Intervention

• The new SMP framework is designed as a sui generis form of competition policy, allowing NRAs to intervene in markets where firms possess significant market power.
• Market definition should not be overly narrow and must consider foreseeable changes in market conditions.
• The use of undefined concepts such as collective dominance and leveraging creates uncertainty in regulatory outcomes.
• Remedies for SMP are not clearly specified, and many, such as network access at low prices, may discourage investment.
• The framework includes automatic sunset clauses for markets deemed effectively competitive, but the technical burden on NRAs is high, and uncertainty remains a concern.

2. Coordination of Regulatory Intervention

• The Working Party advocates for a "hard" coordination mechanism at the EU level to ensure consistency and predictability.
• The current Article 6 of the Framework Directive, as proposed by the Council, is inadequate due to the lack of Commission authority.
• The Working Party recommends:
  • NRAs should consult the NCA before submitting draft measures.
  • NRAs should justify departures from Commission decisions in their draft measures.
  • The Commission should consult a committee of NRAs before making a final decision on regulatory measures.
• The scope of Article 6 should also include radio spectrum regulation, as demonstrated by the UMTS experience.
• There is a lack of consistency in national court decisions regarding competition law, which should be addressed.

3. Internal Market Objectives

• The Working Party expresses concern that the proposed framework does not adequately promote the internal market.
• The Authorisation Directive still allows for fragmentation, even though it removes individual licenses.
• Harmonisation of general authorisations across member states is necessary to support the internal market.
• The new framework clashes with other directives, such as the Television Without Frontiers and E-Commerce Directives, which apply the home-state control principle.
• The distinction between electronic communications and content is overly rigid, as seen in recent competition law cases like AOL/TimeWarner and Vivendi/Canal+/Seagram.
• The Universal Service Directive provisions on 'must-carry' are too technology-dependent, risking content regulation.

Key Recommendations

• Market definition should be flexible and consider future market conditions.
• Regulatory coordination at the EU level is essential, with the Commission playing a central role.
• Article 6 of the Framework Directive must be strengthened to ensure predictability and consistency.
• Radio spectrum regulation should be included under Article 6.
• Harmonisation of authorisations and alignment with other directives are needed to support the internal market.
• A balanced approach to regulatory intervention is required to ensure both consumer protection and investment incentives.

Conclusion

The report underscores the complexity and uncertainty of the new regulatory regime for European communications. While the framework aims to transition from monopoly to competitive markets, it lacks clarity and consistency, which may hinder investment and innovation. The Working Party calls for stronger coordination and more coherent policy design to ensure the internal market is effectively consolidated and that consumer interests are protected without stifling market development.