2012年-CEPS欧洲政策研究中心_EU_131页_1mb

Summary of EU-Turkey Accession Negotiations: Impact Assessment of Chapter 10 on Information Society and Media

Core Content

This report assesses the impact of the EU-Turkey accession negotiations, specifically focusing on Chapter 10, which deals with the Information Society and Media. It evaluates Turkey's progress in aligning its regulatory framework with the EU acquis, identifies key challenges, and proposes regulatory alternatives and policy scenarios to achieve better alignment and improve the sector's performance.

Main Points

• Chapter 10 Opening: On 18 December 2008, the EU opened Chapter 10 on Information Society and Media in its accession negotiations with Turkey, setting benchmarks for alignment with the EU acquis.
• Key Areas for Alignment: The report covers several areas including telecommunications, audiovisual services, regulatory independence, and taxation.
• Turkish Initiatives: Turkey has enacted Law No. 5809 on electronic communications, created a new integrated regulator (ITCA), and introduced 3G licenses, but these measures are not fully aligned with EU standards.
• Challenges in Telecommunications:
  • Universal service (USF) allocation lacks transparency.
  • Licensing and authorisations are not fully aligned with EU requirements.
  • Spectrum policy is not sufficiently liberalised, and the digital dividend is not well managed.
  • Number portability and mobile termination rates (MTR) are not in line with EU standards.
  • MVNO licensing and fixed-line broadband competition remain underdeveloped.
  • High communication taxes hinder market growth and usage.
• Audiovisual Services:
  • Turkey's regulatory framework is significantly different from the EU Television without Frontiers (TVWF) directive.
  • Issues include foreign capital restrictions, limited freedom of reception, and inadequate digital switchover targets (2014 vs. EU's 2012).
• Regulatory Independence: The current Turkish regulatory authority (NRA) lacks independence and administrative capacity, which affects effective implementation of reforms.

Key Information

• Regulatory Alternatives: The report outlines various regulatory options for each issue, including:

  • Universal Service: No policy change, increased transparency, transferring USF to the telecom authority, or new regulations.
  • Licensing: Maintaining current law, full alignment with EU acquis, general authorisations, or a hybrid system.
  • Spectrum Policy: No change, introducing service and technology neutrality, clustering the digital dividend, or improving governance.
  • Number Portability: Implementing current plans, reducing switching time to less than 5 days, or adopting a glide path.
  • Mobile Termination Rates: No change, glide path to single efficient MTR, or glide path plus no internal non-discrimination obligation.
  • MVNOs: No action, authorisation, or mandated entry.
  • Fixed-line and Broadband Competition: No change, investment ladder, regulatory holidays, or functional separation.
  • Taxation: No change, elimination of Treasure Share and SCT, or reduction of taxes.
  • Audiovisual Policy: No change, alignment with EU AVMS Directive, or alignment with AVMS Directive plus spectrum reform and improved governance.
  • NRA Independence: No change, better delineation of competences, cooperation with NCA, reduced state ownership, transparency, and RIA.

• Policy Scenarios:

  • Scenario 1 (No Policy Change): Minimal benefits, high costs, and likely failure of Chapter 10 negotiations.
  • Scenario 2 (Implementation of 2008 NPAA): Moderate benefits, moderate costs, and partial alignment with EU acquis.
  • Scenario 3 (Full Alignment with the Acquis): Higher benefits, higher costs, and more comprehensive alignment with EU standards.
  • Scenario 4 (Alignment + Proactive Measures): Highest benefits, moderate costs, and a balanced approach combining alignment with proactive reforms.

Preferred Scenario

Scenario 4 is recommended as the preferred option. It allows for a more gradual and flexible approach, taking into account the current delays in some areas (e.g., 3G services), and includes proactive measures such as:

• Adopting a spectrum plan aligned with the EU's digital dividend communication.
• Implementing current mobile portability plans.
• Adopting a glide path for mobile termination rates without imposing internal non-discrimination obligations.
• Aligning with the AVMS Directive and improving spectrum governance.
• Strengthening cooperation between NRA and NCA, reducing state ownership, and increasing transparency and RIA (Regulatory Impact Assessment).

Impact Assessment

Conclusion

To benefit from Chapter 10 negotiations, Turkey should pursue a strategy that includes:

• Streamlining primary legislation.
• Proactive liberalisation of fixed-line and broadband sectors.
• Alignment with EU acquis in key areas like universal service, spectrum policy, and mobile termination rates.
• A clear plan to reduce taxation in the mobile and internet sectors.
• Better regulation through clear delineation of roles and responsibilities among authorities.
• Systematic use of impact assessment and public consultation.

The report concludes that a targeted and proactive reform strategy is essential for Turkey to achieve meaningful progress and enhance the welfare of its citizens in the telecommunications and media sectors.