End user perspective: BEREC Guidelines on Transparency in the scope of Net Neutrality

The previous blog post referred to the scope and structure of the transparency guidelines approved for publication by the Body of European Regulators for Electronic Communications (BEREC):

BEREC Guidelines on Transparency in the scope of Net Neutrality: Best practices and recommended approaches BoR (11) 67 (December 2011; 69 pages)

Chapter II promised to deal with requirements for a net neutrality transparency policy and states, as a general principle, that the end users’ perspective is paramount. The guidelines discuss how to best adapt a transparency policy to net neutrality-related issues, in particular by taking into account different types of end users and usages.


End user perspective

In Chapter II the guidelines discuss major requirements for a net neutrality transparency policy, identifying a set of criteria (page 14):

A fully effective transparency policy (which can be composed of various approaches and measures) should aim at satisfying all of the following characteristics:

- Accessibility
- Understandability
- Meaningfulness
- Comparability
- Accuracy

These criteria are then explained.


Horse's mouth or third party?

The guidelines discuss two approaches to providing end users with information. The direct approach means that the Internet Service Provider offers the user information directly. This route is compulsory.

The complementary, indirect approach means that third parties – such as technical experts in the Internet community, price comparison sites , content providers or NRAs - provide information.

The NRAs have to devise the obligations of the service providers in a proportionate manner, bearing in mind the costs of regulation. Proportionality is discussed on pages 19-20.


Offer and limits

Discussing various aspects of transparency, the guidelines conclude (page 24):

Finding: for net neutrality transparency, information is needed on both the general scope of the offer and on the limitations (general and specific) of the offer.

Traffic management

Chapter II ends with the following finding (page 26):

Finding: Common terms of references about aspects of the Internet access service, including where some agreement can be reached on traffic management measures considered reasonable, can help to make the transparent information to end users simpler, and therefore can make a transparency policy more effective.

Ralf Grahn

Scope and structure: BEREC Guidelines on Transparency in the scope of Net Neutrality

The Body of European Regulators for Electronic Communications (BEREC) approved the transparency guidelines for publication:

BEREC Guidelines on Transparency in the scope of Net Neutrality: Best practices and recommended approaches BoR (11) 67 (December 2011; 69 pages)


Executive summary

The Executive summary on pages 3 to 5 offers a short introduction to the thinking of the Board of Regulators (BoR).

The guidelines stress net neutrality as a key pre-condition to the end users’ ability to choose the quality of the service that best fits their needs, but transparency alone is probably insufficient to achieve net neutrality.

At this stage, the guidelines seem to promise a discussion about various approaches to a number of issues, without clear-cut rules to apply.


Scope

The guidelines discuss transparency from three angles (pages 6-7):

- the types of information that different groups of end users (consumers, business customers at a retail level - see section 1 for a more precise description of the beneficiaries) and institutions need in order to promote the ability to make informed choices regarding the quality of the Internet access services;

- the best means of conveying this information to end users;

- possible ways for end users to monitor the features of their services, and for NRAs to verify operators’ information, and the related requirements.

Related, but separate issues under investigation are (page 7):

Other BEREC projects are closely linked to this work, namely projects on “Competition issues related to Net Neutrality” and “Net Neutrality and Quality of Service”.

Structure

The presentation of the structure of the paper offers an overview to prospective readers (page 7):

Chapter I focuses on the role of transparency with regard to net neutrality, explaining why it is important, but is not sufficient on its own to address the “net freedoms” objective (nor other concerns expressed in the net neutrality debate). In addition, we give an overview of the legal context and touch on the situation within EU Member States.

Chapter II deals with requirements for a net neutrality transparency policy and states, as a general principle, that the end users’ perspective is paramount. We discuss how to best adapt a transparency policy to net neutrality-related issues, in particular by taking into account different types of end users and usages.

Chapter III talks about the contents of a net neutrality transparency policy, including the most appropriate data to be used, and provides practical examples and case studies.

Chapter IV explores different ways to ensure transparency, talking about the way information is transmitted and discusses mechanisms for monitoring transparency.

Chapter V details the possible roles of the various institutions involved, in particular through case studies, and draws some general conclusions of the report.

Regulatory context

On the pages 10-13 the guidelines present the main EU provisions relating to transparency in the revised eCommunications framework and the role of different players (MS = Member State, NRA = National Regulatory Authority, ISP = Internet Service Provider):

The new EU Regulatory Framework for Electronic Communications was required to be transposed by Member States by 25 May 2011. It brought important changes to the 2002 Regulatory Framework and also tackled the question of net neutrality by imposing on MS, NRAs and ISPs several obligations related to traffic management techniques.

Ralf Grahn

BEREC consultation on draft Guidelines on Net Neutrality and Transparency

At the political level the European Parliament, the EU Council and the Commission (Digital Agenda, Digital Single Market) have all been active on net neutrality issues recently. Closer to the ”factory floor”, the Body of European Regulators for Electronic Communications (BEREC) tries to find common ground among some 35 national eCommunications regulators, aspect by aspect.


Draft guidelines

This autumn the Body of European Regulators for Electronic Communications (BEREC) published:

Draft BEREC Guidelines on Net Neutrality and Transparency: Best practices and recommended approaches BoR (11) 44 (October 2011; 64 pages)


Transparency and net neutrality consultation

BEREC launched a public consultation on 3 October 2011 (the announcement provided informationa about related net neutrality issues, but did not contain the end date of the consultation). The deadline, 2 November 2011, did appear on the News page.

Stakeholders, including individuals, delivered 77 contributions, available on the consultations page.


Board of Regulators

The Board of Regulators (BoR) 8-9 December 2011 gave its broad support to the documents submitted for approval. The BoR approved the Guidelines on transparency and the report from the public consultation for publication. The two documents:

Draft report on the contributions received during the public consultation on the draft Guidelines on transparency as a tool to achieve net neutrality BoR (11) 66

Revised draft Guidelines on transparency in the scope of net neutrality: best practices and recommended approaches BoR (11) 67


Consultation report

In other words, the report about the public consultation has been published:

BEREC report on the public consultation on the draft BEREC Guidelines on Transparency in the scope of Net Neutrality BoR (11) 66 (December 2011; 15 pages)

With a variety of respondents from different backgrounds, the contributions contain a number of approaches and opinions on the best manner to proceed regarding many issues.

Thus, the consultation report mainly provides a general summary of various opinions, without delving into specific contributions. Recommended reading for people interested in net neutrality issues.

One outcome is worth mentioning in order to link the draft guidelines with the final version (page 15):

Since the received general comments on net neutrality were very numerous and extensive, it was decided in particular to change the title of the document to “BEREC Guidelines on Transparency in the scope of Net Neutrality: Best practices and recommended approaches”, to better reflect the intended scope of the guidelines and avoid any further confusion in this respect.

Approved guidelines

The guidelines approved for publication by the BEREC Board of Regulators (BoR):

BEREC Guidelines on Transparency in the scope of Net Neutrality: Best practices and recommended approaches BoR (11) 67 (December 2011; 69 pages)



Ralf Grahn

eCommunications: BEREC Work Programme 2012

The blog post What is the EU doing for growth and jobs? presented the main economic reform programmes in the European Union. The entry Electronic communications in EU: BEREC blog posts focused on one part of the ongoing work on the Digital Agenda and the Digital Single Market, by compiling recent articles about the Body of European Regulators for Electronic Communications (BEREC).


BEREC Work Programme 2012 documents

The public process started with the draft Work Programme BoR (11) 40 Rev1 (October 2011; 16 pages).

After the public consultation from 6 October to 4 November 2011, including an oral hearing 21 October, BEREC published a report on the public consultation BoR (11) 61 (9 December 2011; 15 pages). The contributions from fifteen interested parties are available on the BEREC page for public consultations.

I presented the consultation procedure and the consultation report.

The BEREC Board of Regulators, meeting in Bucharest (Romania) 8-9 December 2011, decided to publish the consultation report and the adopted WP 2012:

Work Programme 2012 BEREC Board of Regulators BoR (11) 62 (9 December 2011; 18 pages)


BEREC Work Programme 2012

BEREC noted that the Digital Agenda complements the objectives of the revised 2009 regulatory framework for eCommunications and welcomed the goals and ambitions set out therein (page 3).

BEREC contributes to the development and better functioning of the internal market for electronic communications networks and services by aiming to ensure a consistent application of the EU regulatory framework for electronic communications (page 4).

The Work Programme 2012 discusses BEREC's key objectives and planned actions with regard to (pages 5-11):

* Framework Directive Article 7/7a procedures
* International roaming (including the reforms proposed by the Commission)
* Universal service provisions (including the recent review communication from the Commission)
* Consumer empowerment (including transparent pricing and broadband speeds)
* Network neutrality (with key issues: transparency, minimum service requirements, discrimination, IP interconnection)
* Next generation networks (NGN) and access (NGA)
* Evaluation of BEREC and its office


Further topics are presented from page 11. They include (although I have not respected the difference between levels of headlines):

* Consistency of remedies and further developments
* Review and update of BEREC Common Positions (CPs)
* Implementation of key remedies
* Non-discrimination
* Regulatory accounting
* Implementation of recommendations
* Recommendation on termination rates
* Benchmarks
* Promotion of broadband
* Access to special rate services
* Cross-border and demand side related issues
* Business services
* Cooperation with RSPG and ENISA
* International cooperation


The BEREC Work Programme 2012 offers clear information about the ongoing and future activities, but leaving scope for queries from the EU institutions.

Nit-picking: BEREC is a body for cooperation between national regulators and its other stakeholders are mainly expert market participants. Still, even among them, far from everyone is a walking dictionary of English acronyms. BEREC could afford the luxury to explain each abbreviation at least when it first appears.



Ralf Grahn

Electronic communications in EU: BEREC blog posts

The previous blog post What is the EU doing for growth and jobs? painted a background picture of main reform programmes in the European Union.

In this context the Digital Agenda and the Digital Single Market are among the catchwords for growth-enhancing and life-enriching reforms in the EU.

If we go beyond the EU institutions in the important area of electronic communications, we find BEREC as a link between political declarations and market realities.


BEREC blog posts

In a number of blog posts we have discussed the Body of European Regulators for Electronic Communications (BEREC), established by EU regulation 1211/2009 and with its office recently inaugurated in Riga (Latvia). These background posts are in English (EN), Finnish (FI) and Swedish (SV).

Grahnblawg (SV): Berec om nätneutralitet och öppenhet

Eurooppaoikeus (FI): Euroopan sähköisen viestinnän sääntelyviranomaisten yhteistyöelin (BEREC)

Grahnlaw (EN): Body of European Regulators for Electronic Communications (BEREC)

Grahnlaw (EN): EU electronic communications: BEREC medium term strategy consultation

Grahnlaw (EN): EU electronic communications: BEREC Work Programme 2012

Grahnlaw (EN): BEREC draft Work Programme 2012 consultation procedure

Grahnlaw (EN): Report on the consultation of the BEREC draft Work Programme 2012

Grahnblawg (SV): Elektronisk kommunikation i EU: Bakgrund till Berec 2012

Eurooppaoikeus (FI): Sähköisen viestinnän sääntely EU:ssa: taustalla BEREC

***

Our next step takes us from the BEREC background to the substance of the Work Programme 2012.



Ralf Grahn

Report on the consultation of the BEREC draft Work Programme 2012

BEREC, the Body of European Regulators for Electronic Communications, is an important cog in the machinery to deliver on the Digital Agenda for Europe. BEREC enhances cooperation among national regulatory authorities (NRAs) and strengthens the internal market in electronic communications networks.

In the previous blog post I looked at some procedural aspects (transparency) and the scope of ”interested parties”. Here I turn to the contents of the report with the Work Programme 2012 consultation summary.

Following the WP 2012 public consultation from 6 October to 4 November 2011, including an oral hearing 21 October, BEREC published a report. The fifteen stakeholder contributions are available in full on the BEREC page for public consultations.

The consultation summary title more exactly:

BEREC report on the consultation of the BEREC draft Work Programme 2012 BoR (11) 61 (9 December 2011; 15 pages)


WP consultation report

The report advances through the draft WP, mentioning both the comments made by the interested parties and the proposed reactions prepared for the Board of Regulators (BoR).

Thus, the contributions offer an overview of issues seen as critical, at least by some. They also indicate (group) interests of individual contributors regarding electronic communications in Europe.

In addition to themes covered by the draft WP, contributors proposed additional issues to address in the course of BEREC work.


WP 2012 adapted

Here are a few issues where BEREC indicated a clear will to adapt the text of the final Work Programme 2012 (although naturally feedback can influence future actions without textual adjustments). I quote the theme and the BEREC comment.

Universal Service Provisions: The remarks made by PhoneAbility, Telecom Italia and SFR where taken into account and the theme of calculation of net costs has been added to the Work Programme.

Recommendation on termination rates: As a result BEREC added the evaluation of SMS termination to the Work Programme.

Benchmarks: BEREC added the evaluation to include further benchmark exercises in the future to the Work Programme.

Access to special rate services: BEREC takes note of the comments. The concrete suggestions such as DQ services have been added to the Work Programme.

Cross-border and demand side related issues: BEREC is glad to see so much support for this issue. The harmonisation question as well as further detailed evaluation in the field of cross-border issues and business services will be covered in the Work Programme with regard to the outcome of two reports on this issue by the end of 2011.

Cooperation with RSPG (Radio Spectrum Policy Group) and ENISA (European Network and Information Security Agency): BEREC will evaluate questions of further harmonisation in the Work Program Programme.

Additional items... Migration from legacy services: BEREC welcomes the comment made on this issue and will look into it within the existing EWGs.

***

In some cases, such as the adoption of certain standards for seamless interoperability and the creation of a single market for pan-European businesses, BEREC saw the proposals as going beyond its remit.



Ralf Grahn

BEREC draft Work Programme 2012 consultation procedure

After the public consultation from 6 October to 4 November 2011, including an oral hearing 21 October, BEREC published a report on the public consultation. The fifteen stakeholder contributions are available in full on the BEREC page for public consultations.

The consultation summary:

BEREC report on the consultation of the BEREC draft Work Programme 2012 BoR (11) 61 (9 December 2011; 15 pages)

In this blog post I present the basic procedural aspects, before I look at the ”interested parties”.


Transparency

The BEREC Regulation 1211/2009, published two years ago, is available in 23 official EU languages; the English version:

REGULATION (EC) No 1211/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance); OJEU 18.12.2009 L 337/1

With regard to transparency, Article 17, in Chapter IV General Provisions, lays down a general rule on consultation, subject to confidentiality (Article 20) and further to the rules on public access to documents (Article 22):

Article 17
Consultation

Where appropriate, BEREC shall, before adopting opinions, regulatory best practice or reports, consult interested parties and give them the opportunity to comment within a reasonable period. BEREC shall, without prejudice to Article 20, make the results of the consultation procedure publicly available.

The annual work programme is specifically mentioned as requiring consultation ahead of adoption, in Article 5(4) about the tasks of the Board of Regulators:

4. The Board of Regulators shall, after consulting interested parties in accordance with Article 17, adopt the annual work programme of BEREC before the end of each year preceding that to which the work programme relates. The Board of Regulators shall transmit the annual work programme to the European Parliament, the Council and the Commission as soon as it is adopted.

By publishing the draft, the consultation announcement, the contributions, the consultation summary and the final Work Programme 2012, BEREC acted in accordance with the principles on transparency. (A minor detail: The calls for contributions could further identify the document in question by adding the number to the name as well as by linking.)


Interested parties

During this consultation regarding future activities BEREC received contributions from fifteen stakeholders interested enough to want to influence electronic communications policies at the European level (summary page 2, consultations web page): EIDQ Association – the Association for the Directory Information and Related Search Industry, FTTH Council of Europe, The Number – Directory provider, The Voice on the Net (VON) Coalition Europe, Virgin Media, Telekom Austria, Telecom Italia, Belgacom, INTUG – International Telecommunications Users Group, ECTA, Cable Europe, Bundesverband Breitbandkommunikation, ETNO, Phone Ability and SFR.

In comparison, on a more concrete issue, the public consultation on draft guidelines on Transparency in the scope of Net Neutrality received 77 contributions (report BoR (11) 66).

On the other hand, some public consultations have received far fewer comments than the draft Work Programme 2012.

Participation is still way below the true numbers of participants in market and regulation activities. My impression is that the public and private players in the European electronic communications markets have not yet fully discovered BEREC as a new hinge between Digital Agenda aims at the European level and (converging) regulatory activity at the national level.



Ralf Grahn

EU electronic communications: BEREC Work Programme 2012

After the brief presentation of the Body of European Regulators for Electronic Communications (BEREC), we looked at the ongoing public consultation on the draft BEREC medium term strategy outlook.

Relating to the Digital Agenda for Europe, in this blog post we turn to the BEREC Work Programme 2012 documents.


Board of Regulators

The conclusions of the BEREC Board of Regulators meeting in Bucharest (Romania) 8-9 December 2011 deal with the Work Programme for next year in point 7 (page 3). The conclusions after some editing:

7. Draft 2012 BEREC WP

Summary of the contributions received during the public consultation on the 2012 draft BEREC WP BoR (11) 61

Revised 2012 draft BEREC WP BoR (11) 62

Proposal for operationalisation of the BEREC WP 2012 – set-up of EWGs BoR (11) 63

Background

The 2012 BEREC Chair (RTR) presented the results from the public consultation on the BEREC WP for 2012, held in the period 6 October - 4 November 2011, the revised draft WP and a proposal for operationalisation of the BEREC WP 2012, incl. the set-up of EWGs.

Conclusion

The BEREC 2012 WP and the consultation report were approved for publication and implementation.


Documents

If we concentrate on the main documents for the public, we have the draft Work Programme BoR (11) 40 Rev1 (October 2011; 16 pages).

After the public consultation from 6 October to 4 November 2011, including an oral hearing 21 October, BEREC published a report on the public consultation BoR (11) 61 (9 December 2011; 15 pages). The fifteen contributions are available also on the BEREC page for public consultations.

The final WP:

Work Programme 2012 BEREC Board of Regulators BoR (11) 62 (9 December 2011; 18 pages)

***

For the future BEREC could consider linking directly to the relevant documents in its conclusions.

I am going to look at the consultation summary and the final Work Programme 2012 in future blog posts.



Ralf Grahn

EU electronic communications: BEREC medium term strategy consultation

In the introduction to the Body of European Regulators for Electronic Communications (BEREC), I mentioned that BEREC has announced a public consultation, which runs until 16 January 2012.


Board of Regulators

The latest meeting of the Board of Regulators (BoR) took place 8 to 9 December 2011 in Bucharest (Romania).

According to the conclusions the BoR held an extensive discussion on the draft medium term strategy and decided to publish it for consultation. The draft:

Draft BEREC medium term strategy outlook; 14 December 2011 BoR (11) 58 (7 pages)


Medium term strategy

In order to achieve a multi-annual perspective, BEREC is elaborating strategic goals and promises to present a document outlining its midterm strategy in the course of 2012.

According to the BEREC announcement the public consultation runs until 16 January 2012. The draft strategy document outlines the activities of this advisory body for the next 3 to 5 years.


Internal market for electronic communications

In the draft, BEREC starts by setting out its role in general terms as a contributor to the Digital Agenda, before going into detail (page 2):

BEREC’s task is to promote the consistent application of the regulatory framework and thereby contribute to the development of the internal market for electronic communications. In doing so, BEREC aims to play its part in the promotion of growth and innovation in the EU. BEREC can also provide considerable expertise and professional advice on European policy initiatives and related debates in the electronic communications sector.

Emphasis on the digital single market is added through the announcement of the main focus (page 3):

The main focus of BEREC in the medium term will be on its contribution to the realisation of the internal market. The contributions in this area, both upon request from the EU institutions and on its own initiative, will include in particular:

a. Adopting common regulatory approaches and best practices in areas where differences impede the internal market, and monitoring conformity with those approaches thereafter.

b. Issuing robust and respected opinions on Article 7 cases. [Footnote 1 adds the explanation: Article 7 and article 7a of the amended Framework Directive describe the process in case an NRA takes a market analysis decision. That NRA has to notify its draft decision to the Commission and to BEREC. Both BEREC and the Commission can then provide the NRA with advice. If, in a later stage, a final decision is notified, the Commission may have serious doubts regarding the decision. In such a case, the Commission has to ask BEREC for advice. The Commission has to take the utmost account of that advice.]

c. Advising the EU institutions on draft legislation and regulation.

Priorities

After describing some trends in infrastructure and services and among consumers (page 3-4), the BEREC draft discusses the following core or priority issues for the coming years (page 4-5):

1. Infrastructural developments: Next generation networks
2. Consumer empowerment: boosting consumer choice and protection
3. Service related developments

The BEREC draft then turns to the quality of its output, by describing its level of ambition regarding common positions, guidelines, the sharing of best practices, information and experiences between NRAs, the monitoring and benchmarking exercises, as well as Article 7/7a procedures related to the Framework Directive (see above) (page 6).

The last page mentions the need for efficiency during times of budget austerity for the NRAs.


Comment

In this first draft strategy BEREC has placed a few signposts outlining main goals and principles for the longer term. For those interested, it offers an introduction to the activities of BEREC.

In the midst of budget consolidation and weakening growth prospects, the European Council has repeatedly called for the establishment of a European digital single market as a means to engender economic growth and job creation. BEREC and the NRAs are in a strategic position between European level aims and the reality of national level regulation.

The stakeholders – including telecommunications enterprises, online service providers and content creators - now have the opportunity to contribute to the final version, although the annual Work Programmes can be expected to remain the main source for plans in the short term.

***

I wish the readers of my blogs, as well as my Facebook and Twitter friends, a Merry Christmas and a Happy New Year 2012!



Ralf Grahn

Body of European Regulators for Electronic Communications (BEREC)

One part of the new EU regulatory framework for electronic communications, the telecoms package approved in 2009, was the establishment of BEREC.

The BEREC Regulation 1211/2009, published two years ago, is available in 23 official EU languages; the English version:

REGULATION (EC) No 1211/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance); OJEU 18.12.2009 L 337/1

It did not take the governments of the EU member states more than about half a year to agree to establish the BEREC office in Riga (Latvia), or maybe they waited for the transposition date of the telecoms package to pass:

DECISION TAKEN BY COMMON ACCORD BETWEEN THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES of 31 May 2010 on the location of the seat of the Office of the Body of European Regulators for Electronic Communications (BEREC) (2010/349/EU); OJEU 23.6.2010 L 156/12

The BEREC office was inaugurated 14 October 2011, so it has been fully operational in Riga for less than three months.

The BEREC website can be described as spartan. Given the area – electronic communications – the absence of an RSS feed comes as a surprise. There is no social media presence (blog, Twitter, Facebook) I am aware of.


Board of Regulators

According to Regulation 1211/2009, BEREC is composed of a Board of Regulators (BoR), with one member from the National Regulatory Authority (NRA) in each member state. (BoR Rules of Procedure)

The NRAs from European Economic Area (EEA) states and from the candidates for EU accession have observer status.

The Regulation 1211/2009 established the office as a Community body with legal personality, with a Management Committee composed of one representative per member state NRA. (MC Rules of Procedure)


National Regulatory Authorities NRAs

In addition to the 27 EU member NRAs, there are observer NRAs from Croatia, Iceland, Liechtenstein, Macedonia, Montenegro, Norway, Switzerland and Turkey. The names and links are on offer here.


Digital Agenda & digital single market

At the inauguration ceremony in Riga, Commission vice-president Neelie Kroes outlined the contribution of BEREC and the National Regulatory Authorities (NRAs) in the success of the Digital Agenda for Europe goal of a vibrant digital single market. The crucial tasks she mentioned were roaming, net neutrality, superfast broadband and getting every European digital.


BEREC medium term strategy consultation

BEREC has announced a public consultation, which runs until 16 January 2012. The draft strategy document the stakeholders are invited to comment on is:

Draft BEREC medium term strategy outlook; 14 December 2011 BoR (11) 58 (7 pages)


BEREC Work Programme 2012

The recently published Work Programme for 2012 offers more detail about the coming activities in the short term:

Work Programme 2012 BEREC Board of Regulators; 9 December 2011 BoR (11) 62 (18 pages)



Ralf Grahn

Digital Agenda for Europe: News roundup

Yesterday we linked to the EU Council conclusions on the Digital Agenda:



Council conclusions on Digital Agenda for Europe, by the 3017th Council meeting (Transport, Telecommunications and Energy = TTE) Brussels, 31 May 2010.





In a separate press release the TTE Council confirmed that the seat of BEREC (Body of European Regulators for Electronic Communications) will be placed in Riga, the capital of Latvia.


Digital Agenda in the news



If you look at some of the available reports, you are in for a surprise. The Spanish presidency of the Council of the European Union (and EU business) claims that the Digital Agenda project was launched 19 April [2010] in Granada, so for instance this blog must have missed the point completely with a number of posts last year and this year about the programme to succeed the EU’s i2010 policy framework for the information society. These are the risks, if you try to deal with matters at European level, instead of focusing on the essentials of national glory.




EurActiv: EU plays catch-up with US digital economy (1 June 2010)



Europolitics, Nathalie Vandystadt: Ministers back EU’s digital strategy (31 May 2010)



The Spanish presidency of the Council of the European Union: Telecommunications Ministers back the new European Digital Agenda (31 May 2010)



EUbusiness: EU aims to bridge the digital divide (1 June 2010)



European Voice, Simon Taylor: Telecoms regulator to be based in Latvia (31 May 2010)




Ralf Grahn

Body of European Regulators for Electronic Communications (BEREC)

Pan-European telecoms markets take one step towards more consistent regulation at EU level, by the establishment of a Body of European Regulators for Electronic Communications (BEREC), replacing the European Regulators Group (ERG) during the spring of 2010.


BEREC



REGULATION (EC) No 1211/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office. This text with EEA relevance was published OJEU 18.12.2009 L 337/1.


The aim of the Regulation 1211/2009 is to strengthen European Regulators Group (ERG) and its recognition in the EU regulatory framework as the Body of European Regulators for Electronic Communications (BEREC). BEREC is not a Community agency, nor does it have legal personality. BEREC replaces the ERG and acts as an exclusive forum for cooperation among national regulatory authorities (NRAs), and between NRAs and the Commission, in the exercise of the full range of their responsibilities under the EU regulatory framework. BEREC provides expertise and establishes confidence by virtue of its independence, the quality of its advice and information, the transparency of its procedures and methods of operation, and its diligence in performing its tasks:

CHAPTER I

ESTABLISHMENT


Article 1
Establishment1.

1. The Body of European Regulators for Electronic Communications (BEREC) is hereby established with the responsibilities laid down in this Regulation.

2. BEREC shall act within the scope of Directive 2002/21/EC (Framework Directive) and Directives 2002/19/EC, 2002/20/EC, 2002/22/EC and 2002/58/EC (Specific Directives), and of Regulation (EC) No 717/2007.

3. BEREC shall carry out its tasks independently, impartially and transparently. In all its activities, BEREC shall pursue the same objectives as those of the national regulatory authorities (NRAs), as set out in Article 8 of Directive 2002/21/EC (Framework Directive). In particular, BEREC shall contribute to the development and better functioning of the internal market for electronic communications networks and services, by aiming to ensure a consistent application of the EU regulatory framework for electronic communications.

4. BEREC shall draw upon expertise available in the NRAs and shall carry out its tasks in cooperation with NRAs and the Commission. BEREC shall promote cooperation between NRAs, and between NRAs and the Commission. Furthermore, BEREC shall advise the Commission, and upon request, the European Parliament and the Council.



CHAPTER II

ORGANISATION OF BEREC


Article 2
Role of BEREC

BEREC shall:

(a) develop and disseminate among NRAs regulatory best practice, such as common approaches, methodologies or guidelines on the implementation of the EU regulatory framework;

(b) on request, provide assistance to NRAs on regulatory issues;

(c) deliver opinions on the draft decisions, recommendations and guidelines of the Commission, referred to in this Regulation, the Framework Directive and the Specific Directives;

(d) issue reports and provide advice, upon a reasoned request of the Commission or on its own initiative, and deliver opinions to the European Parliament and the Council, upon a reasoned request or on its own initiative, on any matter regarding electronic communications within its competence;

(e) on request, assist the European Parliament, the Council, the Commission and the NRAs in relations, discussions and exchanges with third parties; and assist the Commission and NRAs in the dissemination of regulatory best practices to third parties.



Article 3
Tasks of BEREC1.

The tasks of BEREC shall be:

(a) to deliver opinions on draft measures of NRAs concerning market definition, the designation of undertakings with significant market power and the imposition of remedies, in accordance with Articles 7 and 7a of Directive 2002/21/EC (Framework Directive); and to cooperate and work together with the NRAs in accordance with Articles 7 and 7a of Directive 2002/21/EC (Framework Directive);

(b) to deliver opinions on draft recommendations and/or guidelines on the form, content and level of details to be given in notifications, in accordance with Article 7b of Directive 2002/21/EC (Framework Directive);

(c) to be consulted on draft recommendations on relevant product and service markets, in accordance with Article 15 of Directive 2002/21/EC (Framework Directive);

(d) to deliver opinions on draft decisions on the identification of transnational markets, in accordance with Article 15 of Directive 2002/21/EC (Framework Directive);

(e) on request, to provide assistance to NRAs, in the context of the analysis of the relevant market in accordance with Article 16 of Directive 2002/21/EC (Framework Directive);

(f) to deliver opinions on draft decisions and recommendations on harmonisation, in accordance with Article 19 of Directive 2002/21/EC (Framework Directive);

(g) to be consulted and to deliver opinions on cross-border disputes in accordance with Article 21 of Directive 2002/21/EC (Framework Directive);

(h) to deliver opinions on draft decisions authorising or preventing an NRA from taking exceptional measures, in accordance with Article 8 of Directive 2002/19/EC (Access Directive);

(i) to be consulted on draft measures relating to effective access to the emergency call number 112, in accordance with Article 26 of Directive 2002/22/EC (Universal Service Directive);

(j) to be consulted on draft measures relating to the effective implementation of the 116 numbering range, in particular the missing children hotline number 116000, in accordance with Article 27a of Directive 2002/22/EC (Universal Service Directive);

(k) to assist the Commission with the updating of Annex II to Directive 2002/19/EC (Access Directive), in accordance with Article 9 of that Directive;

(l) on request, to provide assistance to NRAs on issues relating to fraud or the misuse of numbering resources within the Community, in particular for cross-border services;

(m) to deliver opinions aiming to ensure the development of common rules and requirements for providers of cross-border business services;

(n) to monitor and report on the electronic communications sector, and publish an annual report on developments in that sector.

2. BEREC may, upon a reasoned request from the Commission, decide unanimously to take on other specific tasks necessary for the accomplishment of its role within the scope defined in Article 1(2).

3. NRAs and the Commission shall take the utmost account of any opinion, recommendation, guidelines, advice or regulatory best practice adopted by BEREC. BEREC may, where appropriate, consult the relevant national competition authorities before issuing its opinion to the Commission.

ERG



Information about the work of the European Regulators Group (ERG) is on offer on the ERG web site, including the IRG/ERG Work Programme 2010:

Under the changes to the regulatory framework, BEREC will replace ERG early in 2010. BEREC will have a statutory duty to consult on its work programme. As this cannot be done until BEREC is brought into being, the IRG/ERG Work Programme will provide the foundation for the eventual BEREC work programme.

Ralf Grahn



P.S. Read why Julien Frisch recommends Bloggingportal.eu, the multilingual aggregator of euroblogs (18 December 2009).