Review of BEREC Common Positions Stage 1: high level principles on issues of non-discrimination Lara Stoimenova – Remedies EWG Chair Public workshop Brussels, 15 March

Objectives of today  BEREC published a consultation on high level principles on issues of non-discrimination  Closing date 30 March 2012  An opportunity for stakeholders to  ask questions of clarification  provide initial comments/reactions 2

Objectives for this presentation  Key focus for BEREC is the review and update of the three Common Positions (CPs)  Wholesale unbundled access  Wholesale broadband access  Wholesale leased lines  Update on scope and process of the review  Summarise consultation proposals and discussion 3

Scope of the review  NRAs need to take utmost account of BEREC CPs  BEREC CPs to be updated in order to  make them more clear and concrete  take on board new best practice  Key areas of update include issues relating to  non-discrimination  access, including issues relating to NGA  pricing 4

The review process 5 Stage 1 Consultation on high level principles on issues of non-discrimination Stage 2 Consultation on updated text of CPs (all issues) Stage 3 Adopt updated CPs Q4 2012

High level principles on non-discrimination  High level principles with no in-built exclusions  Deviations will need to be objectively justified  Some flexibility to reflect national circumstances  These principles will in due course be included in the amended BEREC CPs 6

High level principles on non-discrimination (2)  Focus on non-price (behavioural) discrimination  High level non-discrimination principles to achieve four key objectives  Creation of a level playing field  Avoidance of unjustified first mover advantage  Provision of access products of reasonable quality  Provision of efficient wholesale switching processes 7

Level playing field  NRAs should  Principle 1...impose a general obligation of non-discrimination  Principle 2....clarify how the non-discrimination obligation is to be interpreted on a case-by-case basis  Principle 3...whether or not to impose equivalence,..., the exact form of it, in light of the competition problems they have identified.  Principle 4...imposing functional separation only when all other regulatory obligations have failed DISCUSSION

Avoidance of unjustified first mover advantage  NRAs should  Principle 5... (technical and economic) replicability of the new downstream services introduced by the SMP player  Principle 6... timely availability of relevant (technical) information according to lead times defined on a case-by-case basis  Principle 7...alternative operators... influence... characteristics of new wholesale products...  Principle 8...the SMP player in relation to lead times regarding the removal of existing wholesale inputs 9 DISCUSSION

Provision of products of reasonable quality  NRAs should  Principle 9... SMP player is required to provide a reasonable defined level of service  Principle on the SMP player to provide SLGs  Principle a generic requirement on the SMP player to provide KPIs as a means to monitor compliance with a non- discrimination obligation DISCUSSION

Provision of efficient wholesale switching processes  NRAs should  Principle obligations on the SMP player in order wholesale switching processes are speedy and efficient ...maximum allowed downtime...is the lowest possible ...the price of the switch does not act as a barrier... ...specific measures to facilitate bulk...switching... ...bulk wholesale switching is non-discriminatory... ...continued availability of the old wholesale product... ...SMP player to introduce SLAs/SLGs and KPIs DISCUSSION

Conclusions  We hope to have answered all of your questions  Closing date of consultation 30 March 2012  Looking forward to your replies THANK YOU 12