The presentation discusses the challenges and outlook of the EU regulatory framework in telecommunications, emphasizing a shift towards a 'competition-law-only' approach. It highlights issues related to market analysis, regulatory cooperation, and the impacts of technological developments on market structures. The need for harmonization and the evolving roles of national regulators and the European Commission are also addressed.

1. IIC 2009 Annual Conference, Montreal, 27 October 2009 S ession Five: Communications and Regulation – Time to Start Over? Reinald Krue ger Head of Procedures related to National Regulatory Measures Unit Information Society and Media DG The views expressed in this presentation are purely those of the author and may not in any circumstances be regarded as stating an official position of the European Commission

2. Outline Challenges EU Regulatory Framework Transition to “competition-law-only” Institutionalised regulatory cooperation Outlook

3. Technological development Next generation access networks Mobile generations New business opportunities & strategies Winners & losers New players? Changing market structures Consolidating the internal market Challenges

4. Technological neutrality: what counts? Substitution Competitive situation in the market Sector-specific regulation: when & for how long? in relevant markets meeting specific criteria In-built transition to “competition-law-only scenario” Transition issues EU Regulatory Framework (1)

5. National regulators & European Commission Market analyses EU Consultation procedure (Art. 7 Framework Directive) Harmonisation procedures (Art. 19 Framework Directive) Telecoms Reform Package Independent & properly resourced national regulators EU Telecoms body (BEREC) Reinforced Commission oversight Functional separation remedy EU Regulatory Framework (2)

6. Commission Recommendation on relevant markets Deregulation does take place Three criteria test Competition law to take over “ Period of notice” (Art. 16(3) Framework Directive) Challenges for national regulators Regular effective market analyses Prognoses on market developments Transition to “competition-law-only”

7. European Regulators Group (ERG) From ERG to BEREC Consolidation of the internal market Bilateral (in future trilateral) process with the Commission Market definition Market dominance (SMP) assessment Remedies Need for harmonisation procedures Recommendation on termination rates (May 2009) Recommendation on NGA (in progress) Institutionalised regulatory cooperation

8. Increase regulatory consistency with the Telecoms Reform Package Continued work on consistent regulation of key access products cost accounting & cost orientation remedies Cost base & cost methodology Commitment-driven vs. pure regulatory approach Transparent process Position of alternative operators Lifting regulation in broadband markets Small markets? Differentiation of remedies within the same market? Outlook

9. Thank you for your attention