DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 1 ‘3883’ and the new regulatory package Sandra Keegan, Head of Legal Sector, Regulatory Policy Unit

DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 2 Context Conceived in early 90’s as political objective Supported by Council Resolutions from 1992 and 1996 Application from 24 countries member of CEPT All 15 MS of EU covered.

DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 3 July 2001 Proposed Text [Article 23] Member States shall ensure that all undertakings that operate public telephone networks handle all calls to and from the European telephone numbering space identified by the regional code ‘3883’ or any other European regional codes that may be used.

DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 4 Article 27(2) - Final 2.Member States shall ensure that all undertakings that operate public telephone networks handle all calls to the European telephony numbering space, without prejudice to the need for an undertaking that operates a public telephone network to recover the cost of the conveyance of calls on its network.

DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 5 Access Directive - Article 8 3.Without prejudice to: -the provisions of... Article 27.. of Directive 2002/22 /EC (Universal Service Directive), …National Regulatory Authorities shall not impose the obligations set out in Articles 9 to 13 on operators that have not been designated in accordance with paragraph 2. This provision means that all operators, whether SMP or non-SMP, are covered by Article 27(2) USD.

DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 6 Recital 37 of Universal Service Directive The ITU has assigned, in accordance with with ITU Recommendation E.164, code “3883” to the European Telephony Numbering Space (ETNS). In order to ensure connection of calls to the ETNS, undertakings operating public telephone networks should ensure that calls using “3883” are directly or indirectly interconnected to ETNS serving networks specified in the relevant European Telecommunications Standards Institute (ETSI) standards. Such interconnection arrangements should be governed by the provisions of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities.

DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 7 ‘Recovering cost of conveyance’ Area of major concern to legislators Uncertainty on the part of operators if they handled ‘3883’ calls Provision agreed - to guarantee recovery of costs - was a key element in breakthrough on text Directive refrains from defining the notion of ‘recovering cost of conveyance’ Legislators’ intent was to create the legal certainty that operators that did not directly interconnect to the terminating network, but which nonetheless handled the call at an earlier stage, could recover their costs, even without a contractual relationship with the terminating network.

DG Information Society: Telecommunications, Markets, Technologies - Innovation and Exploitation of ResearchE.C. LK/lk 8 Application of ‘3883’ All calls originating on any network using any technology. All network operators, whether SMP or non-SMP, covered by the obligation to handle calls. Interconnection arrangements should where possible be based on commercial negotiation under the terms of the Access and Interconnection Directive. Disputes can be referred to NRAs. Commission expects to adopt a Recommendation later this year.