Presentation delivered at FSR Communications and Media - Annual Policy Conference

1. 1
“A Complete Reassessment of Electronic Communications Regulation: Europe and the
Others”.
‘Europe Looking at the Future’
Speaking points Chris Fonteijn, ACM.
The Netherlands ACM combines sector-specific regulation with competition and
consumer protection. Easy access to expertise on the different aspects of the
telecommunications value chain. Focus on generating improvements in
consumer-welfare. Problem-oriented approach: clearly identify whether there is a
problem on the market, solve it in the most effective and efficient way. Also in
telecommunications regulation.
Three issues:
 First, regulation of access to networks. This is about which market
circumstances justify access regulation and how this regulation should look
like. European Commission’s public consultation – two main views can be
distinguished. The first view is that of incumbents who are advocating
lighter access regulation. The second view is that of parties using regulated
access. ACM’s position in this debate - examples from the markets in the
Netherlands. In the new framework we have to keep in mind the problem,
on the national markets, that we are trying to solve.
 Second, the “OTT issue”; whether over-the-top services, and in particular
OTT services that compete with traditional electronic communication
services, should also fall under the scope of sector-specific regulation.
 Third, net-neutrality. We have a unique situation in the Netherlands, where
we already had rules. These rules forbid all price differentiation so that no
form of zero-rating is allowed. However, the new European rules leave
room for interpretation. What the BEREC guidelines will and will not do.