COMMISSION OF THE EUROPEAN COMMUNITJES 
Brussels, 18.02.1998 
COM(1998)80final 
CQMMUNICATION FROM THE COMMISSION 
TO THE COUNCIL, THE EUROPEAN PARLIAMENT, 
THE ECONOMIC AND SOCIAL COMMITTEE 
AND THE COMMITTEE OF THE REGIONS 
Third report 
on the implementation of the telecommunications regulatory package 

Communication from the Commission to the Council, the European Parliament, the 
Economic and Social Committee and the Committee of the Regions 
Third report on the implementation of the telecommunications regulatory package 
1. State of play 
Since 1 January 1998, telecommunications markets have been fully liberalised in most 
of the European Union. This marks the culmination of a ten-year process of gradual 
market opening, set in train at European level by the Commission's 1987 Green Paper1 
and based on extensive consultation and a broad measure of support from consumers and 
the industry. The process was given added impetus by the entry into force of the WTO 
agreement on basic telecommunications services on 5 February 1998. 
Telecommunications are at the heart of the Information Society, which promises 
extensive opportunities for European business and a significant contribution to improved 
living standards for the European citizen. The opening of EU telecommunications 
markets, with a current value of 141 billion ECU and growing annually at 8.2%, is 
clearly of the greatest importance in terms both of overall growth and employment within 
the European economy and of increased international trade. 
The Community telecommunications regulatory package aims at market opening based 
on the combined use of liberalisation measures to break down monopolies; 
harmonisation measures providing common rules and procedures in the markets opened 
to competition; the establishment of national regulatory authorities; and the active use 
of competition rules to ensure fair competitive behaviour. 
Since the liberalisation process began, there have been continuous improvements in 
levels and quality of services, with corresponding falls in prices. Despite significant 
tariff rebalancing in some Member States in recent years, prices have in overall terms 
declined in some countries of the Union by up to 40 % since 1990. Liberalisation is also 
the driver of, and driven by, an unprecedented take-up of new services and technologies. 
Europe has already seen enormous growth in three areas: mobile communications, with 
more than 45 million users throughout the Union today; the use of fax, which has grown 
dramatically during the nineties; and now the Internet, potentially the single most 
important development in telecommunications for decades and stimulated in particular by 
the rapidly increasing penetration rate of personal computers in the EU market. 
In expectation of full liberalisation on 1 January 1998, new players, licensed or 
authorised under procedures established pursuant to the Community directives, have 
undertaken large-scale investment in terms of finance and human resources in most of 
the Member States. A large number of providers of voice telephony are already 
1 Green Paper on the development of the Common Market for telecommunications services and 
equipment, COM(87) 290 
operating in the market in competition with the former monopolies. In addition, many 
hundreds of players are offering data and Internet services. 
Given the importance of this process, the Commission has placed the highest priority 
on the full implementation of the telecommunications regulatory package by all 
Member States. 
The Commission's broad assessment of implementation, as at January 1998, is that: 
• the transposition measures laid down in the regulatory package are very largely in 
place in most Member States; 
• emphasis will now need to be put on effective application of the national rules to 
ensure market entry in all market sectors (in the already-liberalised sectors in the 
derogation countries); and 
• economic indicators will need to be gathered to measure the market effects of the 
new environment. 
This Communication builds on two previous Communications adopted on 29 May and 8 
October 19972, in which the Commission reported to the Council and European 
Parliament on progress by Member States in preparing for the 1 January 1998 
deadline, and set out its approach to carrying forward the implementation exercise after 
full liberalisation. 
The Communication is based on: 
I. the findings which have already resulted in the Commission having to take out 
infringement proceedings in respect of failure to communicate national 
measures or deficiencies found in transposing the directives under the regulatory 
package or in applying the national measures concerned. There are currently 
thirty-five proceedings under way3; it is likely that a number of these will be 
closed as a result of the measures communicated recently. The Commission 
intends to open a fresh round of infringement proceedings before the end of 
March on the basis of the information gathered during this exercise; 
II. a round of intensive bilateral meetings with the Member States, begun on 11 
December 1997, the purpose of which was 
- to examine the state of progress in transposition and the conformity of the 
measures adopted with the Community package, and 
- to review the national authorisation schemes implemented; 
III. a questionnaire on the state of the national telecommunications markets forwarded 
to the national regulators. 
2 COM(97) 236; COM(97) 504 
3 12 concern the liberalisation and 23 the harmonisation directives 
2. Transposition 
2.1 Principle 
The Commission, in line with the case law of the Court of Justice, distinguishes between 
the process of transposition of the directives and the effective application of the 
transposed rules. Transposition means the incorporation into national law of the 
obligations set out in the directives concerned in order to achieve the objectives pursued. 
The Court has consistently stated 4 in this regard that each Member State must implement 
directives in a manner which fully meets the requirement of legal certainty and must 
consequently transpose their terms into national law as binding provisions; the 
transposition of a directive into domestic law does not necessarily require that its 
provisions be incorporated formally and verbatim in express, specific legislation; a 
general legal context may, depending on the content of the directive, be adequate for the 
purpose, provided that it does indeed guarantee the full application of the directive in a 
sufficiently clear and precise manner. The Commission's view as far as the current 
exercise is concerned is that only correct transposition provides full certainty to 
market players, particularly new entrants, as to their substantive rights and their 
rights of recourse to the regulator. 
The obligations set out in the directives impinge on different areas of the law in 
different Member States; although most chose to adopt a framework 
telecommunications law with accompanying secondary provisions, each has also had to 
rely to a greater or lesser extent on other branches of the law such as those relating to 
administrative procedure, legal remedies, contract, planning and local government, 
consumer protection, and, in certain cases, the national constitution. In many cases also, 
the directives deliberately offer options which the Member States are free to act on. 
National transposition measures must of course incorporate correctly the objectives of the 
directives, that is, they must be in conformity with them. In some instances, Member 
States have introduced regulation which goes beyond that provided for. The 
Commission will examine such regulation and, where it creates barriers to the realisation 
of the Single Market and accordingly contradicts the objectives of the directive 
concerned, will take action on the basis that it constitutes incorrect transposition. 
Full transposition in conformity with the directives is, however, not necessarily enough 
to ensure that the objectives in view are actually achieved. This requires the effective 
application of the measures in question; this is considered in section 3. 
2.2 Assessment of transposition 
The status and general level of transposition of the directives is as follows: 
a) Liberalisation directives 
The liberalisation directives, which removed exclusive rights and most special rights in 
the telecommunications services and equipment markets. were adopted between May 
4See, forexample,judgementof2 December 1986, Case 239/85, ECR 1986, pp 3645-3661; judgement of 
9 April 1987, Case 363/85, ECR 1987 p 1740-1745 
1988 and March 1996. The last deadline for notification under the liberalisation 
directives was 1 July 1997. In November 1997, the Commission initiated infringement 
procedures against those Member States which had not notified the relevant transposition 
measures. Several Member States (Belgium, Greece, Ireland, Luxembourg, Portugal) 
have still not notified specific provisions, despite the fact that they are not, or are no 
longer, covered by derogations. However, even if not fully transposed, clear and 
unconditional provisions of these Directives have direct effect, and certain of the Member 
States concerned (Belgium, Ireland) have granted provisional authorisations based on this 
direct effect of Community law. In order to understand the situation in the various 
Member States it is therefore important to look at the same time both at transposition and 
application. A more detailed assessment is set out in Annex I. 
b) Harmonisation directives 
Two major directives, on interconnection and licensing, were adopted during 1997. In 
addition, the ONP Framework and Leased Lines Directives were amended. The 
Terminals Directive, as supplemented as regards earth satellite terminal equipment, is in 
the process both of consolidation and fundamental revision. The directives on frequencies 
have been in force for a number of years, and it is not envisaged to amend them. For all 
of these directives, the verification of transposition was carried out on the basis of 
those articles laying down the essential principles which the respective directives are 
designed to achieve. As regards the Voice Telephony Directive, which will be amended 
by a directive on which conciliation was concluded on 10 December 1997, the 
verification concentrated in particular on those articles setting out principles which 
are carried over into the new directive. 
The Commission's broad assessment of the state of transposition of the 
harmonisation directives is as follows: 
The level of transposition is generally very good, bearing in mind the fact that the 
Licensing and Interconnection Directives in particular were required to be 
transposed for 31 December 1997. Where legislative delays have occurred, the drafts 
forwarded to the Commission show in the majority of cases that there will be substantial 
transposition once they are adopted. There are few cases giving rise to major concern 
arising from non-conformity of transposed measures with the directives. 
Framework Directive: Provisions on national regulatory authorities have been adopted 
in all the Member States. 
Leased lines: Of the four findings of partial transposition, three relate to non-conformity 
with various specific principles (Greece, Luxembourg, Portugal), while one, the result of 
delay in bringing forward the necessary legislation (Belgium), should be made good by 
the adoption of two forthcoming decrees. 
Voice telephony: Only one Member State has not notified measures (Greece). Of the 
four cases of partial transposition, two arise from non-conformity with various specific 
principles (Spain, Portugal), one (Luxembourg) from legislative delays coupled with 
concern over specific principles, and one, the result of delay in bringing forward 
legislation (Belgium), should be remedied by the adoption of a forthcoming decree. 
Licensing: Three cases of non-transposition are the result of legislative delays (Greece, 
although a derogation for certain principles has been requested; Spain, where the 
forthcoming Act should transpose the main provisions; and Ireland, where the current 
draft Regulations provide for substantial transposition). Three of the five cases of partial 
transposition are also the result ofdelay in bringing forward legislation (Belgium, where 
draft secondary legislation is at an advanced stage; Luxembourg, where secondary 
legislation remains to be adopted; and The Netherlands, where substantial transposition 
should be achieved by the forthcoming Act). There is concern in one country (France) 
over a specific licence condition coupled with delay in introducing legislation on 
procedures, although secondary legislation is in preparation to remedy the latter, and in 
another (Italy) concerning specific licence conditions. In one country (Austria) there is 
concern over certain procedural aspects. 
Interconnection: The two cases of non-transposition are the result of legislative delays 
(Greece, where secondary legislation is under way; and Portugal, where secondary 
legislation is due to be adopted shortly). Four cases of partial transposition are the result 
of delays inadopting legislation (Spain, where the forthcoming Act should transpose the 
main provisions; Italy?iwhere amendment of the framework is under consideration and 
secondary legislation is at an advanced stage; The Netherlands; where the forthcoming 
Act should bring substantial transposition; and Sweden, where the forthcoming 
amendment of the Act should bring substantial transposition). Two cases of partial 
transposition are the result of legislative delays coupled with concern over specific 
principles in two Member States (Belgium, where amendments to the Law and secondary 
legislation are under consideration; and Luxembourg, where secondary legislation 
remains to be adopted). In one (France) there is concern over specific principles. 
Terminals: The directive is substantially transposed in all Member States. 
Satellite terminals: The three cases of non-transposition are the result of legislative 
delays (Belgium, where a decree is at an advanced stage, Greece, where a presidential 
decree is under draft; and Ireland, where draft regulations are in preparation). 
Frequencies: The directives are substantially transposed in all Member States. 
A more detailed assessment is set out in Annex II. 
The Commission draws attention to the fact that certain Member States had not fulfilled 
by the due date the obligation under the Interconnection Directive to notify the manner in 
which certain information is to be published and the names of drganisations with 
significant market power under the Directive. The Commission is required to publish this 
information in the Official Journal of the European Communities. 
The focus of future communications will shift away from transposition towards effective 
application and fuller reporting of the opening of national markets, on the basis of a 
wider range of indicators and more extensive data from the national regulatory 
authorities, as indicated below. 
3. Effective application 
3.1 Principle 
The major task of the Commission following the formal transposition of the liberalisation 
and harmonisation directives is to ensure the effective application of the national rules 
adopted pursuant to the directives in the package. 
a) Liberalisation directives 
In line with the aim of the liberalisation directives, nearly all Member States have 
effectively authorised new market entrants in the various telecommunications markets. In 
assessing whether the Member States have effectively implemented this objective, it is 
necessary to look into a number of concrete indicators of compliance, given that these 
measures have been transposed in different ways in each Member State. For example, 
licensing conditions vary widely from Member State to Member State, and will affect the 
burden and the time necessary to enter the market. 
b) Harmonisation directives 
The deadline for transposition of the two most important harmonisation directives, 
Licensing and Interconnection, expired on 31 December 1997, as did that for the 
amendment to the Framework and Leased Lines Directives. Moreover, the new Voice 
Telephony (Adaptation) Directive has had an impact on the transposition of the Voice 
Telephony Directive for which the deadline for transposition was 31 December 1996. In 
these circumstances, a systematic verification of the correct and effective application of 
the national measures adopted pursuant to these directives and reported on in this 
Communication will be carried out in the light of their implementation in the coming 
months. 
3.2 Assessment of effective application 
In the light of the above, it is useful, in assessing effective application, to examine on the 
one hand the liberalisation process and on the other the accompanying regulatory 
framework. 
Liberalisation 
In the wake of the implementation of full competition on 1 January 1998 in the ten 
Member States without a derogation, all but one of the ten have granted authorisations to 
new market players for the provision of voice telephony and public telecommunications 
networks. This was the last step of phased liberalisation initiated with the adoption of 
Directive 90/388/EEC on 28 June 1990. 
This Directive liberalised the markets for voice and data services, i.e. all services other 
than voice telephony, telex, provision of directories, mobile and satellite services. 
These services are now fully open to competition in the Community. However, in two 
out of fifteen Member States, certain restrictions continue to be applied on the provision 
of "call-back" services (Portugal and Greece). The Commission will address these 
remaining restrictions as a priority. 
The next phase concerned the liberalisation of satellite services in 1994, under Directive 
94/46/EC. The relevant services are also widely open. Four Member States (France, 
Germany, Netherlands and UK) and Switzerland have entered into an agreement to apply 
a one-stop shopping procedure for the granting of VSAT5 and SNG6 authorisations. 
However a small number of Member States are still completing the regulatory framework 
necessary in order to allow for the authorisation and operation of satellite services. Two 
Member States (Ireland and Luxembourg) have already adopted some legal provisions, 
but must still set out the authorisation procedures, including determination of level of 
fees. One Member State (Greece) has notified a draft licensing procedure, which should 
soon be adopted. Furthermore the situation remains unclear in a number of Member 
States with regard to the measures taken to allow by-passing of the national signatory of 
international satellite organisations such as Intelsat or Eutelsat. 
In order to give full effect to the liberalisation of services other than voice telephony, 
Commission Directive 95/51/EC required Member States to lift restrictions on the use of 
cable television networks to provide such services, including for example Internet 
access. To date, all but two Member States have taken the necessary measures. This 
Directive has already had dramatic effects in Member States such as the Netherlands and 
Belgium where cabie networks are used for the commercial provision of 
telecommunications services. One Member State (Greece) is drafting legislation to repeal 
the exclusive rights recently granted to the incumbent operator for the provision of CA-
TV network infrastructure. In another Member State (Luxembourg), the measures taken 
do not seem sufficient to give legal certainty to cable operators wanting to provide 
liberalised services. A factor preventing Directive 95/51/EC from yielding the intended 
effects is the simultaneous operation of telecommunications and cable television 
networks by the same undertaking. In December 1997, the Commission therefore 
adopted the draft of an amendment of Directive 95/51/EC in order to ensure that in 
certain circumstances Member States impose legal separation of these activities. 
Directive 96/19/EC requires in parallel the lifting of restrictions on the use and 
establishment of other alternative infrastructure. Although some Member States were 
given deferment periods regarding this obligation, these had expired by 1 October 1997. 
By that date, the Commission found that Portugal, Greece and Luxembourg had not taken 
the necessary measures to allow new entrants to use or establish alternative 
infrastructures. Formal proceedings were initiated in November 1997 and will be 
continued until these measures are in place. Moreover, in Spain, the current operators 
have challenged the first such authorisation in Court, delaying the effective 
implementation of this obligation. 
The opening of the mobile and personal communications market is the aim of 
Directive 96/2/EC (Mobile Directive). Portugal and Ireland were granted an additional 
implementation period until 1 January 1999 for the lifting of restrictions on direct 
interconnection of mobile networks with mobile networks and PSTN in other Member 
States. Two Member States without any deferment period for the lifting of such 
restrictions (Italy and Greece) have still to implement in practice this right of the mobile 
5 Very Small Aperture Terminal (small earth stations for one- or two-way private communications) 
6 Satellite News Gathering (using transportable earth stations) 
8 
operators. Measures have been adopted by Italy. As for Greece, the Commission has 
opened an infringement procedure. Finally, five Member States (Belgium, Spain, 
Ireland, Italy and The Netherlands) are still in the process of granting one or more DCS 
1800 licences, which should have been done by 1 January 1998. The Commission 
will initiate infringement procedures if DCS 1800 licences are not granted within 
reasonable periods. 
Regulatoryframework 
Member States have implemented divergent authorisation procedures for voice 
telephony and public telecommunications networks going from light procedures in 
certain Member States (no authorisation required except to apply for numbers and/or 
frequencies) to full and more lengthy licensing procedures. However, to date in all but 
one of the Member States without derogation, new operators have been authorised to 
provide voice telephony or public telecommunications networks in competition with the 
incumbent. The number of authorisations granted varies between Member States, which 
is partly to be explained by the different liberalisation dates and the size and 
opportunities of each national telecommunications market. As at 15 January 1998, the 
UK has already granted more than 30 voice telephony licences, whereas Germany has 
granted 13 national voice telephony licences and 6 national public network infrastructure 
authorisations. France has issued 4 public network authorisations and 4 voice telephony 
authorisations, and further applications are still being processed. Amongst the larger 
Member States, the situation in Italy where no additional operator has been authorised to 
date gives cause for concern. It should be noted that Spain, which was granted an 
additional implementation period, has already granted a second nation-wide licence and 
is in the process of granting a further licence. Of the smaller Member States, Belgium 
and Austria, which were late in transposing the directives, have nevertheless already 
granted a number of public infrastructure and voice telephony licences, although in the 
case of Belgium these are only provisional. In The Netherlands there are at present two 
national voice telephony licences and two national public infrastructure operators with 
rights of way, in addition to the incumbent operator. This situation is likely to change 
with the projected adoption of the new Telecommunications Act in March 1998. 
At this initial stage of liberalisation, all but two (Italy and France) of the Member States 
without additional implementation periods do not consider that the provision of 
universal service by the former monopoly constitutes an unfair burden within the 
meaning of the Interconnection Directive, and have not yet activated schemes to share the 
burden of universal service provision. The Commission is therefore examining the 
justifications provided by these two Member States. Only one of the Member States 
without an additional implementation period (France) has notified a plan to phase out 
tariff imbalances and approved the implementation of access deficit charges by its 
operator for a transitional period. Italy has stated that tariffs are still not balanced, but 
has not provided a precise timetable. The Commission is monitoring whether other 
operators are implementing hidden access deficit charges and will, where required, take 
action. 
The incumbent operators of all Member States without derogations have published 
standard interconnection terms and conditions. The extent of services provided as 
well as the level of charges vary from one operator to another. The Commission has 
adopted a Recommendation on Interconnection Pricing setting out 'best practice prices' 
for interconnection at three different levels. Annex III shows the level of prices in the 
Member States, together with the percentage deviation from best practice. As at January 
1998, respectively five and six Member States were within the recommended price 
ranges depending on the level of call termination considered. In two Member States 
(Austria, Italy), the prices proposed by the operator are still subject to approval by the 
regulator. Member States with derogations must also ensure that a reference 
interconnection offer is published covering interconnection for already liberalised 
services (eg mobile and cross-border interconnection). 
The Commission's first conclusions on the application of the rules in place in the 
Member States are as follows: 
The state of liberalisation achieved in January 1998 is encouraging. Considerable 
progress has been made since last September, when the last assessment was made. 
Although the Commission has already had to deal with a number of informal complaints 
relating either to transposition measures or their application (such as long delays in 
granting authorisations, disproportionate burdens imposed, discouraging licensing fees, 
etc.) or to the behaviour of incumbent operators (interconnection fees leading to anti-
competitive price squeezes, non-publication or incomplete publication of a reference 
interconnection offer, denial of the right to negotiate interconnection, predatory pricing, 
imposition of unreasonable fees on customers choosing another operator, etc.), there is 
evidence that the national regulators now established in the Member States are assuming 
their responsibilities for enforcing the provisions of the framework as laid down in the 
directives. 
In order to ensure a level playing field in the single market, the Commission will pursue 
its monitoring of the implementation of the regulatory framework at national level, 
relating inter alia to the licensing process, the level of licence fees, the terms and 
conditions of interconnection, the implementation of an appropriate cost-accounting 
system as well as the structure of the incumbents' retail tariffs structure in order to 
prevent predatory pricing, price squeezes, cross-subsidies, etc. Particular attention will be 
given to the level of competition in the local loop and to national measures taken to foster 
competition in this market. 
4. - Monitoring progress in opening national telecommunications markets 
The above assessment is naturally structured around the legislation in question, the focus 
being on the practical outcome of the measures taken by the Member States to transpose 
the Community principles laid down. It is also important, however, to observe the real 
effects of these measures on markets, taking into account that there will be other factors 
which haVe a bearing on how they evolve. 
Two meetings of the High Level Committee of National Regulators were held during 
1997, devoted principally to subjects relating to the real effects of the new national 
frameworks. In particular, the regulators were asked to comment on a series of 
indicators which subsequently formed the basis of a questionnaire which they were asked 
to complete with data on the state of their respective national telecommunications 
markets. 
10 
The data provided by National Regulatory Authorities is set out in Annex III as a means 
of 
- observing the openness of the market, inter alia arising from the impact of the 
liberalisation and harmonisation measures already transposed into national law; 
- establishing a 'base line' by which progress in opening markets as from the date of 
full liberalisation can be judged. 
As far as the impact of the Community directives is concerned, the data is presented to 
take account of the fact that: 
- On the one hand, liberalisation opens markets to competition, the presence of which 
is indicated by the number of operators, their market shares, the percentage of the 
national territory/population with a choice of operators, the level of tariffs, and so 
on. 
- On the other, the number of operators is influenced by the regulatory framework 
relating inter alia to the licensing process, the level of licence fees, the terms of 
interconnection, and so on. 
This first presentation of data is based on indicators which are relatively narrow, and 
attempts to mobilise data which the National Regulatory Authorities could reasonably be 
expected to have available at this early stage in the opening of markets. It is intended to 
supplement these in subsequent communications to take account of the evolution of 
markets. 
It should be clear in this context that Annex III is not to be read as a comparison between 
Member States whose markets are not comparable by virtue of differences for example 
in the date laid down for full liberalisation. 
5. Future reporting 
The Commission will continue to monitor closely the status of implementation and the 
evolution of the telecommunications market in the Community. A further report will be 
issued in the middle of this year. 
As far as the 1999 review of Community telecommunications legislation is concerned, 
the results of the ongoing monitoring exercise will be used in arriving at proposals for the 
revision of the package. 
11 
12 
ANNEXI : STATE OF IMPLEMENTATION OF LIBERALISATION DIRECTIVES (15.01.98) 
Directive 90/388 
measures to liberalise non 
public voice 
measures to liberalise 
provision of resale of leased 
lines capacity 
measures to liberalise v.a.s. 
(calling card, internet, call 
back) 
number of authorisations-5 
- level of fees published 
- an initial fee is to be paid 
- an annual fee is to be paid B 
V 
S 
S 
• 
123 
n.a. 
N 
N DK 
V 
s 
V 
V 
n.a. 
n.a.2 
N 
N D 
V 
s 
s 
s 
>1100 
Y 
Y 
Y EL 
• 
• 
=> 
• 
95 
Y 
Y E 
V 
• 
V 
V 
>100 
Y 
Y 
Y F 
V 
s 
s 
• 
n.a. 
n.a. 
N 
N H*L 
V 
V 
V 
s 
>40 
Y 
N I 
y/ 
• 
V 
S 
>350 
Y 
Y 
Y L 
• 
• 
• 
• 
N NL 
V 
• 
s 
V 
>50 
Y 
Y 
Y A 
s 
V 
s 
V 
130 
=> 
Y 
N P 
• 
• 
• 
• 
84 
Y 
Y 
Y FIN. 
• 
V 
• 
V 
n.a. 
n.a.2 
N 
N ; S- j UK ' 
• 
V 
s 
s 
32 
Y • 
V 
S 
s 
n.a. 
n.a. 
N 
N 
Directive 94/46 
measures to liberalise satellite 
services 
measures taken to allow 
bypassing national signatory 
Intelsat/Eutelsat 
maximum legal duration of 
authorisation procedure : 
- VSAT 
-SNG 
- others 
fees (excluding frequencies): 
- published 
-an initial fee to be paid 
- an annual fee is to be paid 
number of authorisations 
gran ted 3; 
-VSAT 
-SNG 
- others V 
V 
Y 
Y 
4w 
4w 
4w 
Y 
Y 
Y 
335 
177 
158 
0 • 
• 
N 
N 
n.a.l 
n.a. 
N 
N 
13 
129 
13 • 
• 
Y 
Y 
6w 
2w 
6w 
Y 
N 
Y 
50 
3 • 
• 
N 
N 
O 
N 
Y 
Y 
1 • 
• 
Y 
N 
4m 
4m 
4m 
N/Y 
Y 
Y 
11 • 
S 
Y 
Y 
6w 
2w 
4m 
Y 
Y 
Y 
41 
40 • 
• 
Y 
N 
O 
N 
0 
2 
0 • 
• 
Y 
N 
3m 
3m 
Y 
Y 
Y 
46 
77 • 
• 
N 
0 
0 
2 • 
• 
Y 
Y 
6w 
2w 
3m 
Y 
Y 
N 
30 
40 • 
V 
Y 
N 
6m 
6m 
6m 
=> 
Y 
N 
8 • 
• 
Y 
N 
6w 
6w 
6w 
Y 
Y 
Y 
7 • 
• 
Y 
Y 
n.a.1 
n.a. 
N 
N 
n.a. S 
S 
Y 
Y 
Y 
Y 
Y S 
• 
Y 
Y 
6w 
2w 
Y 
Y 
Y 
17 
74 
90 
Directive 95/51 
measures to liberalise 
provision of telecom services 
using Cable TV networks 
introduction of 
- accounting separation 
- structural separation 
nb of authorisations granted3: B 
Y 
Y 
N 
3 DK 
Y 
Y 
Y 
N 
n.a. D 
• 
Y 
Y 
Y . EL 
O 
=* 
N 
N 
O E 
Y 
Y 
Y 
24 F 
• 
Y 
Y 
N m* 
Y 
< 
Y 
0 '• i 
Y 
Y 
Y 
N 
0 L 
• 
• 
n.a. 
0 NL 
• 
Y 
n.a. 
Y 
>125 A 
Y 
Y 
Y 
Y 
10 •-:*.' ; 
Y 
V 
Y 
N 
0 '-*&.•< 
Y 
Y 
Y 
N 
200 :* > 
Y 
Y 
N 
N UK 
Y 
Y 
Y 
N 
141 
' : •>%;;4--: '. '-;<' 
. .. . •"£&: ~?t* 
Directive 96/2 
notification of measures to 
liberalise provision of mobile 
and personal communication 
services 
Direct interconnection of 
mobile networks with mobile 
and PSTN in other MSs 
Measures taken to ensure 
effective competition : 
- exclusion of GSM operators 
- mandatory roaming / GSM 
to DCS 1800 operators 
- others 
nb of DCS 1800 licences 
granted3 ' - •-: 
•« £-.;. 
Y 
Y 
Y 
Y 
N 
Y 
0 ••". ;,,^s/ 
:•..'• ifolk"'-
Y 
Y 
Y 
N 
Y 
4 *fv- J£y-~" *' 
• D 
Y 
Y 
Y 
Y 
Y 
Y 
2 &4Ess*!-% &;wb -. 
• 
=> 
o 
N 
1 § ?.• -.~i'M"4, 
%My> 
Y 
Y 
Y 
N 
=> 
N 
0 > > '••*" ii 
t .-.JF :•: 
Y 
Y 
Y 
Y 
N 
3 =5=5=^T:=T: *<-:>«..;•"<.'# a^-*vcH< ;>v-~™-> •* ^,-,3S»P^ fe^^S JC^'siti* S^^Wsl SJ^JAUV'V 
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Y 
Y 
D 
1.1.99 
Y 
N 
N 
0 Y 
Y 
Y 
N 
Y 
0 Y 
Y 
Y 
N 
N 
N 
2 p^^^l^pj ' 
Y 
Y 
Y 
Y 
Y 
0 Y 
Y 
Y 
Y 
Y 
N 
1 P 
Y 
Y 
D 
1.1.99 
N 
N 
N 
1 FIN 
Y 
Y 
Y 
N 
N 
12 •• S. 
Y 
Y 
Y 
N 
N 
4 UK 
Y 
Y 
Y 
Y 
N 
2 
Directive 96/19 
Measures to liberalise: 
• alternative infrastructure 
• public infrastructure 
• voice telephony 
Nb of authorisations granted3 
excluding the incumbents) 
• public infrastructure* 
- national coverage 
- non national coverage 
• voice telephony 
- national coverage 
- non national coverage 
Maximum legal duration of 
procedure: 
• public infrastructure4 
• voice telephony 
Fees: initial /annual 
published 
• public infrastructure4 
• voice telephony 
measures notified to liberalise 
provision of directories 
Availability of numbers by 
1.7.97: 
-fixed 
- mobile 
number portability in place 
duct/facility sharing imposed 
Funding mechanism for USO 
- cost to be shared B 
Y 
Y 
Y 
Y 
9 
3 
Y 
4m 
4m 
Y 
Y/Y 
Y/Y 
Y 
Y 
Y 
N 
N/Y 
Y 
n.a. 
until 
1.1.00 DK 
Y 
Y 
Y 
Y 
n.a. 
3 
2 
1 
5 
4 
1 
n.a.1 
Y 
n.a 
Y/n.a 
Y 
Y 
Y 
N 
Y/Y 
n.a. 
n.a. D 
Y 
Y 
Y 
Y 
64 
6 
58 
45 
13 
32 
Y 
6w 
6w 
Y 
Y/N 
Y/N 
Y 
Y 
Y 
Y 
Y/Y 
Y 
n.a. EL 
D 
=> 
D 
1.1.01 
D 
1.1.01 
0 
D 
O/D 
O 
D 
D 
D 
D 
O 
D 
• 
N 
N 
D 
D 
1.1.01 E 
D 
Y 
D 
1.12. 
98 
D 
1.12. 
98 
10 
1 
9 
10 
1 
9 
Y 
4m 
4m 
Y 
Y/Y 
Y/Y 
Y 
Y 
Y 
N 
Y/Y 
=> 
D 
1.12. 
98 F 
Y 
Y 
Y 
Y 
18 
4 
14 
12 
4 
8 
O 
4m 
6w 
Y 
Y/Y 
Y/Y 
Y 
Y 
Y 
Y 
N/Y 
Y 
Y IRL 
D 
Y 
D 
1.1.00 
D 
1.1.00 
3 
D 
=>/D 
=> 
D 
=> 
Y 
Y 
Y 
N 
N 
D 
D 
1.1.00 I 
Y 
Y 
Y 
Y 
0 
0 
Y 
4/8m 
4/8m 
=> 
Y/Y 
Y/Y 
Y 
Y 
Y 
N 
N/Y 
=> 
=> L 
D 
• 
D 
1.7.98 
D 
1.7.98 
0 
D 
=> 
4m 
6w 
O 
Y/Y 
Y/Y 
Y 
O 
• 
N 
N/Y 
n.a. 
n.a. NL 
Y 
Y 
• 
Y 
3 
2 
1 
7 
2 
5 
Y 
3m 
2m 
Y 
Y/Y 
Y/Y 
Y 
Y 
Y 
N 
Y/Y 
=* 
n.a. A 
• 
Y 
Y 
Y 
7 
7 
Y 
6w 
6w 
=> 
N/N 
Y/N 
Y 
Y 
Y 
N 
Y 
Y 
n.a. P 
D 
• 
D 
1.1.00 
D 
1.1.00 
0 
D 
• 
lm 
lm 
• 
• 
D 
Y 
Y 
Y 
N 
D 
D 
1.1.00 FIN 
Y 
Y 
Y 
Y 
12 
6 
6 
32 
17 
15 
n.a.1 
Y 
n.a. 
Y/Y 
Y 
Y 
Y 
Y 
Y/Y 
n.a. 
n.a. S 
Y 
Y 
Y 
Y 
31 
7 
24-
22 
13 
9 
Y 
4m 
Y 
Y/Y 
Y/Y 
Y 
• 
Y 
Y 
N 
N 
n.a. 
n.a. UK 
Y 
Y 
Y 
Y 
173 
32 
141 
173 
32 
141 
Y 
5,5 m 
5,5m 
Y 
Y/Y 
Y/Y 
Y 
Y 
Y 
Y 
.N 
n.a. 
n.a. 
yryM^M^MMiM 
Tariff rebalancing 
- achieved by 1.1.98 
- plans for phasing out 
- access deficit charge 
Cost accounting system 
suitable for pricing i/c in place 
Methodology 
Reference Interconnection 
Offer published 
• n. points of IC available: 
-Local 
- Transit 
-International 
• tariffs published: 
• differentiation between 
service and infrastructure 
providers 
• advanced services offered "\W", 
N 
N 
N 
• 
Y 
Y 
75 
15 
1 
Y 
Y 
Y 5ftfc'. 
Y 
n.a. 
N 
Y 
Y 
Y 
Y Y 
n.a. 
N 
Y 
Y 
Y 
38 
Y 
N 
Y D 
1.1.01 
o 
O 
O 
10 
O Mil 
D 
1.12. 
98 
• 
O 
• 
50 
Y 
=> 
Y . r • 
N 
Y 
Y 
1.1.01 
Y 
Y 
Y 
1000 
48 
0 
• 
Y 
Y IRL 
D 
1.1.00 
• 
Y 
Y 
Y I 
N 
N 
• 
Y 
• 
Yb ,: L 
D 
1.7.98 
• 
O 
O 
o 
Y NL 
N 
=> 
Y 
Y 
600 
20 
2 
Y 
N 
Y »-• - 7< > • "• .*r 
. A - **••-• 
Y 
n.a. 
N 
• 
Y 
'Y 
8 
4 
Y 
N 
Y D 
1.1.00 
• 
O 
O 
O Y 
n.a. 
N 
Y 
Y 
Y 
Y 
N Y 
n.a. 
Y 
Y 
Y 
26 
Y Y 
n.a. 
N 
Y 
Y5 
Y 
Y 
Y 
Y 
n.a. = not applicable 
Y:Yes 
N:No 
D = deferment granted S = substantially transposed / available 
• = partially transposed / some provisions in place 
0 = not transposed / not available 
=> = draft measures notified 
3 These figures were given by the Member States and do not distinguish between nation/non-national authorisation and the difference in the national licensing schemes. 
2 No authorisation required. However, applicants need to pay for frequencies and numbers. 
1 No authorisation required. However, applicants need to apply for frequencies and numbers. 
4 Here "public infrastructure" includes both "alternative infrastructure" and the underlying infrastructure for the provision of voice telephony. 
5 LRIC method already in place. 
6 Not yet approved by the NRA. 
?*-• -:r 
"•*".y J» ! 
''Mi , ' -
~&: - . * >• < 5 
£ '' - .' * ' 
if* ^^ i£*?r K. . 
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17 
Method ofassessment 
The Commission has, in arriving at its directive-by-directive assessment of transposition 
for each Member State, taken account of the key principles laid down in each directive, 
and limited itself to the following three categories: 
principles -of.-itto 
aiiows ;; 
territory of tbte 
particularly 
telecommun 
infringement 
transposition or: means that it is considered that the major provisions and 
m concerned are transposed, and therefore the legislation 
memam objecnves pursuedby me Diiw the 
tes. - This is necessary for a proper assessment of the 
in force, bom at Commuriity and natior^ level, in the 
Ilie Cormriissicii nonetheless reserves the right to bring 
where a siibsequent examination shows that proper 
means that it is considered mat important principles have not 
tnmsposition of importantprmciples is not m wnfor^^^ with 
the package. Where di^ measures have been exammed in the context of this exercise, 
these are referred to, and a brief assessment of their conformity given. The 
Commission will bring proceedings where there is substantial delay in adopting the 
necessary measures; 
"Not transposed" means that no transposition measures have been notified to the 
Commission, or those notified do not transpose the principles of the directive. Draft 
measures are treated as above. The Commission will bring proceedings for failure to 
cornmunicate measures, or where there is delay as referred to above. 
18 
ANNEX II 
OVÉRVIEW OF TRANSPOSITIÔN 0F 
Harmonisation 
Terminals 
Frequency 
allocation Directive 
Framework 
90/387/EEC, 
as amended by 97/51/EC 
Leased lines 
92/44/EEC, 
as amended by 97/51/EC 
Voice Telephony 
95/62/EEC 
Licensing 
97/13/EC 
Interconnection 
97/33/EC 
Terminals 
91/263/EEC 
Satellite 
93/97/EEC 
GSM 
87/372/EEC 
ERMES 
90/544/EEC 
DECT 
91/287/EEC B 
/ 
• 
• 
• 
• 
y 
X 
s 
y 
s DK 
• 
• 
• 
S 
S 
s 
s 
y 
V 
• D 
/ 
• 
• 
• 
/ 
y 
s 
s 
/ 
• EL 
• 
• 
X 
X 
X 
s 
X 
s 
Y' 
• E 
• 
• 
• 
X 
• 
y 
s 
s 
s 
s F 
/ 
• 
• 
• 
• 
/ 
/ 
• 
• 
• IRL 
• 
• 
• 
X 
• 
• 
X 
• 
• 
• I 
• 
• 
• 
• 
• 
• 
/ 
/ 
/ 
/ L 
/ 
• 
• 
• 
• 
• 
• 
S 
• 
• NL 
• 
• 
S 
• 
• 
• 
• 
• 
• 
• A 
• 
• 
• 
• 
y 
• 
s 
s 
s 
/ p 
• 
• 
• 
• 
x 
• 
• 
• 
• 
• FIN 
• 
• 
• 
• 
• 
• 
• 
• 
S 
s S 
• 
• 
• 
• 
• 
• 
• 
/ 
• 
• UK 
• 
/ 
• 
• 
• 
• 
/ 
S 
• 
• 
Legend : / Substantially transposed, * Partially transposed, X Not transposed. 
OVERVTEW OF TRANSPOSITION OF HARMONISATION DIRECTTVES: BELGIUM 
• 
• The new regulatory framework for telecommunications was adopted in December 
1997 (Law amending the Loi du 21 Mars 1991 portant reforme de certaines 
entreprises publiques economiques / Wet betreffende de hervorming van sommige 
economische overheidsbedrijven). Secondary legislation has been passed in recent 
months and drafts are in the process of being adopted to complete the framework. 
Framework Directive: The Belgian NRA (Institut Belge des services postaux et des 
telecommunications I Belgisch Instituut voor postdiensten en telecommunicatie, 
IBPT/BIPT) has been operational for some years. The new Law has enhanced its 
competences, while leaving licensing powers to the Minister. Given the fact that 
responsibility both for the State shareholding in the former incumbent operator and for 
overall management of the regulatory body are vested in one and the same Ministry, 
the Commission will monitor the effective application of the requirement of structural 
separation between regulatory functions and activities associated with ownership and 
control set out by the Directive. 
Leased lines: General provisions are set out by the new Law, but substantial 
transposition will only be achieved by forthcoming secondary legislation. Outstanding 
issues relate mainly to cost accounting obligations, procedures to allow restrictions to 
access, and availability of information. 
Voice telephony: A number of principles are transposed by the new Law, but 
substantial transposition will only be achieved by forthcoming secondary legislation. 
Outstanding issues are cost accounting obligations and regulation on special access. 
Licensing: The directive is partially transposed by the new Law, which requires 
supplementing by secondary legislation. Drafts are in preparation conceming 
conditions and procedures for general authorisation and individual licences, and in 
some cases are at an advanced stage. Deficiencies in the Law or in the draft legislation 
examined by the Commission relate mainly to conditions and procedural aspects. 
Interconnection: The directive is partially transposed by the new Law and secondary 
legislation , with gaps concerning the principle of non discrimination, powers of the 
NRA concerning dispute resolution, and provisions on cost accounting. In addition, 
excessive obligations are imposed as regards cost orientation. Secondary legislation is 
in preparation to fill in some of these gaps, and amendments to the Law are also under 
consideration. 
Terminals/ Satellite earth station equipment: The Directive on terminal equipment 
was substantially transposed by Royal decree in November 1996. A draft decree 
concerning satellite earth station equipment is at an advanced stage and its adoption is 
announced for the first semester of 1998. 
Frequencies: The three Directives have been substantially transposed by Royal 
Decrees adopted in 1991 and 1992. 
20 
OVERV1EW OF TRANSPOSITION OF HARMONISATION DIRECTTVES: DENMARK 
• The Telecommunications Law (Lov om visse forhold pa telekommunikationsomradei) 
as amended in 1996 and 1997, together with the 1996 Law on the obligation to 
provide telecommunications services (Lov om forsyningspligt og visse 
forbrugerforhold indenfor telesektoren) and other specific laws and executive orders, 
provide the regulatory framework. 
• Framework Directive: The independence of the regulatory authority (Telestyrelsen) 
from the former incumbent is established and its operational powers defined by the 
1996 Laws. 
• Leased lines: The directive has been substantially transposed by the 
Telecommunications Law and a series of laws and executive orders adopted in 1996 
and 1997. 
• Voice Telephony: The 1996 Law on the obligation to provide telecommunications 
services, together with executive orders adopted in 1996 and 1997, in particular that 
on interconnection agreements, substantially transpose the provisions of this Directive 
• Licensing: The directive is substantially transposed and a system of class licences is 
laid down, whereby authorisations are required only where frequencies. are to be used. 
The NRA lays down detailed rules for radio equipment and the use of frequency 
bands. 
Interconnection: The directive is substantially transposed by the specific legislation 
adopted in 1996 and 1997 on interconnection agreements. 
Terminals/ Satellite earth station equipment: These directives are substantially 
transposed by the Laws of 1992 respectively on telecommunications terminal 
equipment and on radiocommunications, a 1995 executive order on satellite earth 
station equipment, and a 1997 executive order on the construction and use of certain 
radio stations. 
Frequencies: Current national legislation ensuring substantial transposition is the 
1997 Law on radiocommunications and assignment of radio frequencies and the 1997 
executive order on the construction and use of certain radio stations. Telestyrelsen has 
also published the Danish Frequency Allocation Table. 
21 
OVERVIEW OF TRANSPOSITION OF HARMONISATTON DIRECTTVES: GERMANY 
1. Germany has adopted a telecommunications framework law, the 
Telekommunikationsgesetz (TKG), which entered into force on 1 August 1996. This 
is supplemented by a series of enabling regulations. In addition, more general 
provisions under the Constitution and under the law of competition, administrative 
procedure and contract apply. 
2. Framework Directive: A Regulatory Authority established under the TKG, the 
functions of which are separate from those of the former incumbent, began operation 
on 1 January 1998. 
• Leased Lines: The Directive has been substantially transposed in particular by the 
TKG and the regulations on consumer protection (Telekommunikations-Kundenschutz-
verordnung), universal service Telekommunikations-Universaldienstleistungsverord-
nung), and tariffs (Telekommunikations-Entgeltregulierungsverordnung). 
• Voice Telephony: The Directive has been substantially transposed in particular by the 
TKG and the regulations on consumer protection, network access (Netzzugangs-
verordnung), and tariffs. 
• Licensing: The Directive has been substantially transposed in particular by the TKG 
and the regulations on licence fees (Telekommunikations-Lizenzgebuhrenverordnung) 
and frequency fees (Frequenzgebuhrenverordnung, Frequenznutzungsbeitragsverord-
nung). 
• Interconnection: The Directive has been substantially transposed in particular by the 
TKG and the regulations on network access, data protection, universal service and 
tariffs. 
• Terminals/ Satellite earth station equipment: The Directives have been 
substantially transposed in particular by the TKG and the regulation on approvals 
(Telekommunikations-Zulassungsverordnung). 
• Frequencies: The Directives on GSM, ERMES and DECT have been substantially 
transposed by a regulation on frequency allocation (Frequenzzuteilungsverordnung). 
22 
3. 
• 
• 
• A review of the existing regulatory framework (the Telecommunications Framework 
Law n. 2246/94) has been started and the new Framework Law is expected to be 
adopted before Summer 1998. 
Framework Directive: An independent Regulatory Authority (EET - National 
Telecommunications Commission) was established by the framework law of 1994, 
becoming operational in the following years. 
Leased lines: The Directive has been partially transposed by Presidential Decree n. 
40/96. Main outstanding issues are NRA powers, tariff principles and cost-accounting. 
New secondary legislation is being prepared. 
Voice telephony: The Greek authorities have not communicated measures transposing 
this Directive. 
Licensing: Greece has requested a deferment for implementation pursuant to Article 
24 of the Directive. The remaining provisions of the Directive are not transposed. 
Interconnection: The Directive has not been transposed into national law. Concerns 
relate to the obligation to publish a reference interconnection offer for mobile and 
cross-border interconnection, and essential obligations concerning tariff principles, 
cost-accounting and numbering. Secondary legislation is under way. 
Terminals/ Satellite earth station equipment: At present there is no transposition of 
the satellite Directive, although assurances have been given that secondary legislation 
will be soon adopted by Presidential Decree. In relation to the terminals Directive, this 
has been substantially transposed by a Presidential Decree adopted in 1995 («. 
424/95). 
Frequencies: The Directives concerning frequencies in the GSM, DECT and ERMES 
bands are substantially transposed by a 1994 Ministerial Decision (n. 58980/8-3-
1994). 
23 
OVERVIEW OF TRANSPOSITION OF HARMONISATION DIRECTIVES: SPAIN 
• 
• The Bill for a Ley general de Telecomunicaciones (Telecommunications Act) is now 
being discussed by the Parliament and is expected to be adopted before Easter. The 
current framework is based on the Law of 1987, which has been amended several 
times since 1992, the latest amendments being made by the Decree law (June 1996) 
and subsequent Act (April 1997) on Telecommunications liberalisation. 
Framework Directive: The regulatory functions are divided between the Minister for 
Development (Fomento) and the Commission for the Telecommunications Market 
(Comision del Mercado de las Telecomunicaciones); the latter has been operational 
since 3 February 1997. Both are independent from the operators. 
Leased lines: This Directive has been substantially transposed by a Royal Decree of 
1995, subject to the need to make good minor deficiencies. 
Voice telephony: Although transposition was improved by the adoption in December 
1997 of the Regulation on voice telephony and bearer services, there are still 
deficiencies concerning a number of principles, including publication and access to 
information, compensation to users, special network access, provisions on tariffs, and 
publicity and elements of the cost accounting system. 
Licensing: Transposition of the main provisions of this Directive will be ensured once 
the new Act on Telecommunications is passed, although complete incorporation will 
require the adoption of secondary legislation. 
Interconnection: The situation is similar to that relating to the Licensing Directive, 
although some provisions on interconnection are already in place concerning the 
obligation to provide interconnection, tariff principles and some powers granted to the 
NRA. The national Numbering Plan was adopted in November 1997. 
Terminals/ Satellite earth station equipment: A Royal Decree adopted in July 1996 
substantially transposes both Directives. 
Frequencies: Substantial transposition of the GSM, ERMES and DECT Directives 
was ensured by the Frequencies National Framework adopted in July 1996. 
24 
• The regulatory framework is based on the Loi de reglementation des 
telecommunications (Telecommunications Act) of July 1996, together with secondary 
implementing legislation. 
• Framework Directive: The regulatory functions are divided between the Minister 
responsible for Telecommunications and the Telecommunications Regulatory 
Authority (Autorite de regulation des telecommunications); the latter has been 
operational since 1 January 1997. Both are independent from the operators. 
• Leased lines: The Directive was substantially transposed by a Decree of 1993, subject 
to the need to make good minor deficiencies. 
• 
• Voice telephony: Substantial transposition has been ensured mainly by the latest Act 
and by France Telecom's "cahier des charges" adopted in December 1996. 
Licensing: National measures concerning this Directive were laid down in the Act and 
the subsequent Decree on standard clauses, both adopted in 1996. There are, however, 
no provisions in place laying down administrative procedures for granting individual 
licences. Assurances have been given that further secondary legislation will be 
adopted by May 1998. As to conformity with Community law, the Commission is 
concerned about the licensing condition requiring financial contribution to research 
and training in the telecommunications sector. 
• Interconnection: The provisions of the Act were supplemented by two Decrees on 
interconnection and universal service financing, which were adopted respectively in 
March and May 1997. In some cases national provisions impose obligations on all 
organisations irrespective of their market power. There is also concern in relation to 
the sufficiency of the NRA's powers. Furthermore, the Commission has concerns in 
relation to the contribution to universal service in 1997 and whether the burden on the 
organisation entrusted with the provision of universal service obligations is unfair. 
• Terminals/ Satellite earth station equipment: Two Decrees adopted in February 
1992 and April 1995 transpose substantially both Directives. 
Frequencies: Substantial transposition of the GSM, ERMES and DECT Directives 
was ensured by the Frequencies National Table adopted in December 1996. 
25 
OVERVTEW OF TRANSPOSITION OF HARMONISATION DIRECTIVES: IRELAND 
• The regulatory framework is laid down in the Postal and Telecommunications 
Services Act, 1983, as amended, and the Telecommunications (Miscellaneous 
Provisions) Act, 1996, and a number of statutory instruments. 
• Framework Directive: An independent NRA (Director of Telecommunications 
Regulation) was created in December 1996 under the Telecommunications 
(Miscellaneous Provisions) Act, and has been operational since July 1997. 
• Leased Lines: The Directive is substantially transposed through the European 
Communities (Application of Open Network Provisions to Leased Lines) Regulations. 
New secondary legislation is being prepared to complete minor aspects of the 
transposition (draft European Communities (Leased Lines) Regulations). 
• Voice Telephony: The Directive is substantially transposed through the European 
Communities (Application of Open Network Provision to Voice Telephony) 
Regulations, adopted in October 1997. 
• Licensing: The Directive remains to be transposed on the basis of the adoption of the 
draft European Communities (Telecommunications Licences) Regulations. 
• Interconnection: The Directive is substantially transposed through the European 
Communities (Interconnection in Telecommunications) Regulations, adopted in 
January 1998. 
• Terminals/ Satellite earth station equipment: The Terminal Directive is 
substantially transposed through the European Communities (Telecommunications 
Terminal Equipment) Regulations. No transposition has been carried out for the 
Satellite Directive, although draft regulations are in preparation. 
• Frequencies: The GSM Directive is substantially transposed by the European 
Communities (Co-ordinated introduction of public pan-European cellular digital land-
based mobile communications- GSM) Regulations. The ERMES Directive is 
substantially transposed by the European Communities (Pan-European land-based 
public radio paging service - ERMES) Regulations. The DECT Directive is 
substantially transposed by the European Communities (Digital European Cordless 
Telecommunications - DECT) Regulations. 
26 
OVERVTEW OF TRANSPOSITION OF HARMONISATION DIRECTTVES: ITALV 
• A new regulatory framework has been in place since September 1997 (Regolamento 
per I'attuazione di direttive comunitarie nel settore delle telecomunicazioni -
Regulation for the implementation of Community Directives), the object of which is to 
transpose the main contents of the EC package. In November 1997 a ministerial 
decree was also adopted setting out licensing procedures (Disposizioni per il rilascio 
delle licenze individuali nel settore delle telecomunicazioni). 
• A number of secondary measures are in preparation on licence fees, universal service 
financing scheme, interconnection agreements (drafts at an advanced stage in some 
cases). 
• Framework Directive: An independent regulatory authority was established in 1997 
(Autorita per le Garanzie nelle Comunicazioni), although it is not yet operational. A 
President has been appointed. In the meantime, the Ministry is empowered to continue 
to act as regulator. 
• Leased lines: Substantial transposition has been achieved by national measures 
adopted in 1994, supplemented by the new Regulation. Legislative changes are under 
consideration in order to complete minor aspects of the transposition. 
• Voice telephony: Transposition of the Directive has been substantially completed by 
the new Regulation. Minor inconsistencies identified in the transposition measure will 
be dealt with by forthcoming legislation. 
• Licensing: National measures concerning this Directive are laid down by the new 
Regulation, as supplemented by the decree adopted in November 1997. As to 
conformity with Community law, the Commission has concerns relating to licensing 
conditions, in particular requiring financial contribution to research and development 
in the telecommunications sector and a bank bond. A draft decree concerning licences 
fees is in preparation. 
• Interconnection: The Directive is partially transposed by the Regulation. The 
Commission's concerns relate to the lack of implementing measures on universal 
service contributions, interconnection and numbering and to the fact that the principle 
of non discrimination is not imposed sufficiently widely. Amendments to the 
Regulation are being considered to remove inconsistencies, while draft secondary 
implementing legislation is at an advanced stage. 
• Terminals/ Satellite earth station equipment: Both Directives were substantially 
transposed by legislative decree in November 1996. 
• Frequencies: The Directives have been substantially transposed by three Ministerial 
Decrees. 
27 
OVERVIEW OF TRANSPOSmON OF HARMON1SATION DIRECTIVES: LUXEMBOURG 
• The regulatory framework is set out in the 1997 Telecommunications Act (Loi du 21 
mars 1997 sur les telecommunications). Some secondary legislation has recently been 
adopted; other drafts are in preparation. 
• Framework Directive: The regulator, the Institut Luxembourgeois des 
Telecommunications was created through the Act, and became operational in the 
summer of 1997. Given the fact that responsibility for the State shareholding in the 
former incumbent and control and supervision of ILT are vested in the same Ministry 
i(the Ministry of Communications), the Commission will monitor the effective 
application of the requirement of structural separation between regulatory functions 
and activities associated with ownership and control set out by the Directive. 
• Leased Lines: The Directive is partially transposed by the Act and secondary 
legislation recently adopted (Reglement grand-ducal fixant les conditions du cahier 
des charges pour I'etablissement et Vexploitation de reseaux fixes de 
telecommunications et de services de telephonie, and Reglement grand-ducal fixant les 
conditions du cahier des charges pour I'etablissement et Vexploitation de reseaux 
fixes de telecommunications). Concern exists mainly in relation to cost-orientation and 
transparency of tariffs, the appropriateness of the accounting system, and lack of 
certain powers for ILT. 
• Voice telephony: The Directive is partially transposed by the Act and secondary 
legislation adopted recently {Reglement grand-ducal fixant les conditions du cahier 
des charges pour I'etablissement et I'exploitation de reseaux fixes de 
telecommunications et de services de telephonie). Concern exists mainly on cost-
orientation and transparency of tariffs, the appropriateness of the accounting system, 
and lack of certain powers for ILT. Some secondary legislation remains to be adopted. 
» Licensing: The Directive is partially transposed through the Act and secondary 
legislation recently adopted. Some secondary legislation remains to be adopted. 
» Interconnection: The Directive is partially transposed by the Act and secondary 
legislation adopted recently. Some of the transposing measures appear not to be in 
conformity with the requirements of the Directive, in particular as regards the powers 
of the Regulator. Some secondary legislation remains to be adopted. 
• Terminals/ Satellite earth station equipment: The Directives are substantially 
transposed through a Reglement grand-ducal relatif aux equipements terminaux de 
telecommunications et aux equipements de stations terrestres de communications par 
satellite, incluant la reconnaissance mutuelle de leur conformite. 
> Frequencies: The three Directives are substantially transposed through Ministerial 
Decisions on allocation of frequency bands and channels for the respective service. 
28 
OVERVIEW OF TRANSPOSITION OF HARMON1SATION DIRECTCVES: 
THE NETHERLANDS 
• In 1996 legislation was passed to liberalise voice telephony as from 1 July 1997. A 
review of the existing regulatory framework (Wet op telecommunicatievoorzieningen -
Telecommunications Act 1988, as amended several times) was started in 1997: a new 
Telecommunications Act (Telecommunicatiewet), the object of which is to transpose 
the main contents of the EC package, has been submitted to the Parliament and is 
expected to be adopted by March. 
Secondary legislation is also in the pipeline, the adoption of which should follow 
swiftly the entry into force of the new Act. 
• Framework Directive: An independent Regulatory Authority (Onafhankelijke post-
en telecommunicatie autoriteit, OPTA) was created in 1997 and is now operational. 
• Leased lines: The Directive has been substantially transposed by secondary 
legislation (Besluit algemene richtlijnen telecommunicatie). The latter will be replaced 
by new legislation which is being prepared for the purpose of completing minor 
aspects of the transposition. 
• Voice telephony: Transposition is substantially ensured by secondary legislation 
(Besluit algemene richtlijnen telecommunicatie). Implementation of the cost 
accounting system is expected to be completed by May 1998. Other minor problems 
will be solved by new legislation. 
• Licensing: A framework for licensing is in place under the existing 
Telecommunications Act, as amended in 1996, by which the Directive is only partially 
transposed. Transposition should be substantially completed by the forthcoming 
Telecommunications Act, in conjunction with other general regulations (Algemene wet 
bestuursrecht). 
• Interconnection: Some provisions on interconnection are already in place under the 
current Telecommunications Act. The Directive should be substantially transposed by 
the new Telecommunications Act, in conjunction with other general regulations 
(Algemene wet bestuursrecht). 
• Terminals/ Satellite earth station equipment: National transposition measures for 
the two Directives were notified in December 1997. 
• Frequencies: The Directives have been substantially transposed by Ministerial 
Orders. 
29 
• Austria adopted in July 1997 a Telecommunications Law - Telekommunikationsgesetz 
(TKG) which entered into force on 1 August 1997. The Law constitutes a framework 
which has been supplemented by a number of secondary ordinances, in particular 
relating to interconnection, tariffs and numbering. 
4. Framework Directive: An independent Regulatory Authority (Telekom Control) is 
established under the Law and began operations on 1 November 1997. 
5. Leased lines: The Directive has been substantially transposed by the Law. 
6. Voice telephony: The Directive has been substantially transposed by the Law and 
secondary legislation, in particular the 1996 ordinance on tariffs (Telekom-Tarif-
gestaltungsverordnung) and the 1997 ordinance on numbering (Numerierungs-
verordnung). 
7. Licensing: The Directive has been partially transposed into national legislation; 
concerns remain in relation to certain procedures for the granting of licences. 
8. Interconnection: The Directive is substantially transposed on the basis of the Law 
and the ordinance on interconnection (Zusammenschaltungsverordnung). There are 
some minor concems regarding number portability, which will be fully achieved in 
a few years, and the NRA power. 
9. Terminals/ Satellite earth station equipment: In relation to terminals, the Law 
and a specific ordinance (Konformitdtsbewertungsverordnung) substantially 
transpose the Directive. New secondary legislation is being drafted. Concerning 
satellite earth station equipment, the Law extends the key provisions of the Terminal 
Equipment Directive to these systems. 
10. Frequencies: Core frequencies have been reserved for the GSM, ERMES and 
DECT systems under the Frequenzwidmungsverordnung. New frequency plans are 
being drafted. 
30 
OVERVIEW OF TRANSPOSITION OF HARMONISATION DIRECTIVES: PORTTJGAL 
• The regulatory framework is set out in the Lei que define as bases gerais a que 
obedece o estabelecimento, gestao e exploracao de redes de telecomunicacoes e a 
prestaqao de servicos de telecomunicagoes (Telecommunications Act) adopted in 
August 1997, together with secondary legislation transposing Community law. 
• Framework Directive: The independent Portuguese NRA (Instituto das 
Comunicacoes de Portugal, ICP) began operation in November 1989. 
• Leased lines: National measures, laid down mainly in a Decree-law of July 1994, 
transpose this Directive partially. Main gaps relate to information to be published, 
NRA powers on refusal, interruption or limitation of supply, tariffs and cost 
accounting. 
• Voice telephony: Despite the adoption in September 1997 of the Decree-law on voice 
telephony, there are still gaps concerning publication of tariffs; verification, publicity 
and aspects of the cost accounting system; the numbering plan; and NRA powers. 
• Licensing: This Directive was substantially transposed by a Decree-law of December 
1997, subject to the need to make good minor deficiencies. 
• Interconnection: No legislation aimed at transposing this Directive has been 
communicated. Assurances have been given that secondary legislation will be soon 
adopted. 
• Terminals/ Satellite earth station equipment: Two Decree-laws adopted in June 
1993 and August 1996 transpose substantially both Directives. 
• Frequencies: Substantial transposition of these Directives was carried out in February 
1994 by a decision of ICP's Board of Directors. 
31 
• The Telecommunications Act 1987 was revised in 1997 in order to reflect market 
developments and to adapt Finnish legislation further to EU harmomsation 
requirements. The new law, the Telecommunications Market Act (Telemarkkinalaki-
Telemarknadslagen) was adopted on 30 April 1997 and entered into force on 1 June 
1997. The Act is supplemented by secondary legislation on specific matters. 
Framework Directive: The regulatory functions are divided between the Ministry of 
Transport and Communications (Liikenneministerid-Trafikministeriet) and the 
Telecommunications Admimstration Centre (TAC) (Telehallintokeskuksen-
Telefbrvaltningscentralen). Independence of the regulatory function is enhanced by 
the revision of the allocation of tasks between the Ministry and the TAC which took 
place in 1997, and under formal guidelines from the Ministry. 
• Leased Lines: The Directive is substantially transposed through the 
Telecommunications Market Act and other primary legislation, and a complex of 
secondary legislation. 
• Voice Telephony: The Directive is similarly substantially transposed through the 
Telecommunications Market Act and other primary legislation, and a complex of 
secondary legislation. 
• Licensing/Interconnection: The Directives are substantially transposed through a 
complex of primary and secondary legislation and the licences issued under the Act. A 
licence is needed only for constructing mobile networks. 
• Terminals/ Satellite earth station equipment: The Terminal Directive is 
substantially transposed through the Telecommunications Act, the Radio Act and a 
regulation issued by the Teleeommunications Admimstration Centre. The Satellite 
Directive is substantially transposed through the legislation on terminals, together with 
a regulation on the conformity assessment and markings of telecommunications 
terminal equipment and satellite earth station equipment. 
• Frequencies: The GSM Directive is substantially transposed through the national 
frequency allocation table, and a decision regarding moving frequencies from NMT to 
GSM. The ERMES and DECT Directives are substantially transposed through the 
national frequency allocation table. 
32 
• The Telecommunications Act 1993 (Telelagen) was amended in 1997 to take into 
account experience of the liberalised environment and new EC harmomsation 
requirements, and some new secondary legislation was adopted. The amended Act 
entered into force on 1 July 1997. 
• Framework Directive: The Swedish telecommunications is supervised by an 
independent regulatory authority, the Post- and Telecommunications Agency (Post-
och Telestyrelsen) (PTS). Ownership of the former incumbent, Telia, was in 1997 
passed from the Ministry of Communications to the Ministry of Industry, to further 
mark the independence of the regulatory authority. 
• Leased lines: The Directive is substantially transposed through a complex of primary 
and secondary legislation, and licence conditions. Primary legislation is being 
amended to complete minor aspects of the transposition. 
• Voice telephony: The Directive is substantially transposed through a complex of 
primary and secondary legislation, licence conditions, and other measures adopted 
under the Act. 
• Licensing: The Directive is substantially transposed through a complex of primary, 
secondary legislation and licence conditions. 
• Interconnection: The Directive is partially transposed through a complex of primary, 
secondary legislation, and licence conditions. Concem relates mainly to the lack of 
provisions on the publication of the reference interconnection offer and the NRA's 
powers in relation thereto. Outstanding problems appear to be dealt with by 
forthcoming legislation and licence conditions. 
• Terminals/ Satellite earth station equipment: The Directives are substantially 
transposed by the Telecommunications Terminal Equipment Act 1992, the 
Telecommunications Terminal Equipment Order, and Regulations issued by the NRA. 
• Frequencies: The GSM, ERMES and DECT Directives are substantially transposed 
through a complex of secondary legislation and the national frequency allocation 
table. 
33 
OVERVIEW OF TRANSPOSTTION OF HARMONISATION DIRECTrVES: 
UMTEDKINGDOM 
• The telecommunications regulatory framework was reformed by the 
Telecommunications Acts 1981 and 1984. 
• Three new Statutory Instruments were issued in December 1997, to bring UK 
legislation into line with the requirements of the Framework Directive, the Leased 
Lines Directive, the Licensing Directive and the Interconnection Directive. The 
Statutory Instruments amended in particular the 1984 Act, the Wireless Telegraphy 
Act of 1949, and certain licence conditions. 
• 
• 
• Framework Directive: The regulatory functions are divided between the Department 
of Trade and Industry (DTI) and the Director General of Telecommunications (DGT), 
who heads the Office of Telecommunications (OFTEL), which are independent of the 
operator. 
Leased lines: The Telecommunications (Open Network Provision and Leased Lines) 
Regulations substantially transpose the Directive. 
• Voice telephony: The Telecommunications (Voice Telephony) Regulations 
substantially transpose the directive. 
• Licensing: The Telecommunications (Licensing) Regulations, together with a 
complex of other measures, substantially -transpose the directive, notwithstanding a 
minor deficiency regarding procedural time-limits. 
• Interconnection: The Telecommunications (Interconnection) Regulations 
substantially transpose the directive. 
• Terminals/ Satellite earth station equipment: The Directives are substantially 
transposed through the Telecommunications Terminal Equipment Regulations 1992 
and the Telecommunications Terminal Equipment (Amendment and Extension) 
Regulations 1994. 
Frequencies The GSM Directive, the ERMES Directive and the DECT Directive are 
substantially transposed through the national table of radio frequency allocation. 
34 
35 
NATIONAL TEMCOMMWNIC ATIONS MARKETS 
The following tables present a selection of economic indicators providing a picture of the public 
(fixed and mobile) voice telephony and public network infrastructure markets in the Member 
States. 
The following criteria have been used to identify the number of operators in each of the markets 
selected: 
• in countries where a licensing or declaration regime is in place, the number of operators is 
shown according to the number of general authorisations or individual licences granted 
(including requests for blocks of numbers) or to the numbers of undertakings subject to 
declaration procedures. In such cases, the figures relate to the potential competitionm each 
sub-market, rather than to the current level of competition, since it does not necessarily 
follow that all operators have actually entered the market; 
• in those countries where no such declaration/licensing system exists, the number of operators 
reflects the totality of undertakings actually operating in the relevant sub-market. 
Explanatory notes 
Telecoms services market value: includes revenues for fixed and mobile telephone services, 
switched data, leased-line and CATV services. 
Incumbent: means telecommunications organisations granted special and exclusive rights by 
Member States (Commission Directive 90/388/EEC of 28 June 1990) or public operator(s) 
which enjoyed a defacto monopoly before liberalisation. In the case of mobile telephony, the 
word ' incumbent' may refer to the subsidiary of the incumbent in the voice telephony market. 
Public (fixed/mobile) voice telephony operators/service providers: operators which manage their 
own/third party (wire or wireless) telecommunications transmission network to provide 
(fixed/mobile) voice telephony services to the public at large. 
Public network operator: operators which manage their own (wire or wireless) 
telecommunication transmission network to provide telecommunications services to the public at 
large (voice and non voice) or to provide network services. Network services (i.e. conveyance of 
calls, messages and signals over a telecommunication network, including any necessary 
switching) may be network interconnection services, which are provided to other network 
operators to enable calls and associated functions to be passed between interconnected networks, 
or basic retail network services which are provided to other customers such as end users or 
service providers. 
Market shares for fixed/mobile voice telephony are indicated in term, respectively, of retail 
revenue (or operating income) and subscribers. 
Percentage of consumers with choice of operators: percentage of national territory/population 
covered by two or more network operators/service providers. 
Incumbent's voice telephony prices for 3 or 10 minute local/long-distance calls made at peak 
hours by residential users. Values include value added tax, without taking volume discounts into 
account. 
Incumbent's analogue leased line prices: connection and rental charges (exclusive of value 
added tax) for ordinary-quality national analogue leased lines (M.1040 CCITT coefficient 1.00). 
Connection charges are for 2-wire circuits and represent the charge for both ends. 
36 
Incumbent's digital leased line prices: connection and rental charges for national high speed 
(2Mbit/s) leased national lines circuits, exclusive of value added tax. 
Average time for granting individual licences: from the date of individual licence application 
Long-distance/international carrier selection in place: this includes both call-by-call selection 
and carrier pre-selection (default carrier determined by the subscribers and call-by-call override 
selection). 
NRA arbitrations: number of NRA interventions to resolve disputes during interconnection 
agreement negotiations. 
Interconnection charges per minute (in Ecu/100) for call termination on fixed network, are based 
on a 3 minute call duration at peak rate as set out in the Commission Recommendation on 
Interconnection in a liberalised telecommunications market. Deviation from "best current 
practice" interconnection charges (identified by the above-mentioned Recommendation) for call 
termination on fixed network, based on a 3 minute call duration at peak rate: 
- local level: between 0,6 and 1,0 Ecu/100 per minute; 
- single transit (metropolitan level): between 0,9 and 1,8 Ecu/100; 
- double transit (national level/more than 200 km.): between 1,5 and 2,6 Ecu/100. 
Positive deviation is from the upper limit of the range. 
Exchange rate to ECU at September 1997 is applied (for consistency with the "best current 
practice"). 
Sources: National Regulatory Authorities, except when explicitly indicated. 
Other sources are: 
- European Ecoriomy, Annual Economic Report for 199T\ European Commission for per 
capita GDP at current market prices (PPS (purchasing power standard): theoretical prices 
expressed in equal standard purchasing power for each Member State) 
- "European Information Technology Observatory 199T' for telecommunications services 
market value/growth 
All figures relate to January 1998, except for market shares; "1997 mobile market share", if not 
explicitly indicated, refers to the third quarter of 1997. 
The following exchange rates to ECU are applied (average at January 1998): 
B: 40,78 
L: 40,78 DK: 7,53 
NL: 2,23 D: 1,98 
A: 13,9 EL: 312 
P: 202,23 E: 167,32 
FIN: 5,99 F: 6,61 
S: 8,72 IRL: 0.77 
UK: 0.67 I: 1940,65 
37 
BELGIUM 
TELECOMMUNICATIONS MARKET 
pef capita 1997 GDP at current market prices (PPS) 112,3 (EU100) 
telecoms services market value (1997; MECU) 4080 
per capita telecoms expenditure (1997; ECU) 399 (EU average: 376) 
telecoms services market value growth 1998/97 9,8 % (EUaverage: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 9^ (EU average: 13) 
telephone lines per 100 inhabitants (1996) 46,7 
sssssssxsnsnssnsassssssssxssssssssssssss:^ 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
(according to the licences granted) 
Public fixed local/ •incumbent: Belgacom S.A. (50,l%state-owned) 
voice long distance/ 1997 market share: 100% 
telephony international1 • alternative operators: 3 
Public analogue " incumbent: Belgacom Mobile (75% Belgacom SA) 
mobile voice • incumbent: Belgacom Mobile 
telephony GSM 900 market share: •1995:100% • 1996:85% .1997:70% 
• alternative operators: 1 (Mobistar) 1997 market share: 30% 
DCS 1800 no licences granted 
———J——— ____^—^^^„^_ ——^———^^———^—rrl,1|n^„rlTr|-nr-^_r—J 
PUBLIC NETWORK OPERATORS 
(according to the licences granted) 
local loop/ trunk / 
crossborder connections1 9 licensee operators + Belgacom 
(3 CATVcompanies; 3(+Belgacom) fixed voice telephony licensee operators) 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place 
number portability in place 
local/long-distance/ international calls • long distance: yes • international: yes 
no 
• territory: 0% • population: 0% 
Public mobile voice telephony 
analogue 
GSM 900 • territory: 0% 
• territory: approx. 100% • population: 0% 
• population: approx. 100% 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 
local calls 
long-distance calls 3311 
• 3 minutes: 14,8 
• 3 minutes: 53,2 • 10 minutes: 49,4 
• 10 minutes: 178 
National leased-lines (ECU) 
analogue 
digital • connection: 1146 
• connection: 2280 • monthly rental 50 km: 267 
• monthly rental 50 km: 2790 • monthly rental 250 km: 944 , 
• monthly rental 250 km: 5492 
38 
Incumbent's retail prices (cont) 
International leased-lines (ECU) 
analogue 
digital • connection: 774 
• connection: 2281 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent • nearest EU: 956 
• nearest EU: 11930 
• national: 1 month . furthest EU: 1251 
• furthest EU: 24492 
• international: 1 month 
LICENCE FEES 
(according to the relevant draft legislation2) 
Public fixed voice telephony licence fees (ECU) 
services • up-front: 8582 • annual fees: 7356 
infrastructure (public network) • up-front: 12261 • annual fees: 8852 
Public mobile telephone services licence fees 
analogue no fees 
GSM 900 • up-front: 220,693 MECU • annual fees: 245000 ECU 
• annual frequency fees: 24522 ECU per channel 
DCS 1800 196,171 MECU 
Average time for granting individual licences 120 days 
Individual licence applications pending/refused • pending: 0 •refused: 2 (non validfiles) 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration in place 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges3 
mobile-fixed 
networks I/C 
charges local level 
single transit (metropolitan) 
double transit (national) 
local level 
single transit (metropolitan) 
double transit (national) 
% difference between fixed-fixed and mobile-fixed 
I/C charges 2 
2 (some new 1/C agreements are being negotiated) 
none 
none 
none 
none 
ECU/lOOpermin. 
1,14 
2,15 
3,02 
U4 
2,15 
3,02 deviation from "best current practice" 
+14,0% 
+19,4% 
+16,1% 
+14,0% 
+19,4% 
+16,1% 
local level/single/double transit: none 
1 The licence system (for both services and infrastructures) does not differentiate between local, national and 
international licences. 
2 Reproduced by a temporary "Circulaire Ministenel". 
3 In local currency (BEF): (l) local level: 0,457 per min.; (2) single transit: 0,86 per min.; (3) double transit: 1,207 
per min. 
39 
DENMARK 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 115,5 - (EU.100) 
telecoms services market value (1997; MECU) 2625 
per capita telecoms expenditure (1997; ECU) 498 (EUaverage: 376) 
telecoms services market value growth 1998/97 8,6 % (EUaverage: 8,2) 
cellular mobile subscribers per 100 inhabitants (1996) 25 
telephone lines per 100 inhabitants (1996) 61,6 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS1 
Public fixed local2 • incumbent: Tele Danmark (52% state-owned) 
voice market share: •1995:100% .1996:100% .1997:95% 
telephony • alternative operators: 5 (1 CATV) (2 companies are not operating) 
(according to the 1997 market share: 5% 
interconnection long distance3 • incumbent: Tele Danmark 
agreements) market share: • 1995: 100% • 1996: 99% • 1997: 94% 
• alternative operators: 4 (2 companies are not operating) 
. 1997 market share: 6% 
international incumbent: Tele Danmark 
market share: .1995:100% • 1996: 98% .1997:90% 
• alternative operators: 4 (all companies operating) 
1997 total alternative operators market share: 10% 
Public mobile analogue incumbent: Tele Danmark Mobile (100% Tele Danmark subsidiary) 
voice telephony • incumbent: Tele Danmark Mobile 
(according to GSM 900 market share: • 1995: 50% .1996:50% .1997:50% 
the licences . alternative operators: 2 Sonofon market share (1997): 50% 
granted) (Debitel is a service provider not yet operating) 
DCS 1800 3 operators + Tele Danmark Mobile 
PUBLIC NETWORK OPERATORS1 
(according to the market situation) 
local loop4 Tele Danmark + 4 operators (1 CATV) (2 companies are not operating) 
trunk connections Tele Danmark + 2 operators 
crossborder connections Tele Danmark + 3 operators 
40 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place 
number portability in place 
local calls 
long-distance calls 
international calls • long-distance: yes • international: yes 
no 
• territory: 100% 
• territory: 100% 
• territory: 100% • population: 100% 
• population: 100% 
• population: 100% 
Public mobile voice telephony 
analogue 
GSM 900 • territory: 0% 
• territory: 100% • population: 0% 
• population: 100% 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony5 (ECU/100) 
bi-monthly rental 
local calls 
long-distance calls 2297 
• 3 minutes: 15,1 
• 3 minutes: 23,5 • 10 minutes: 46,6 
• 10 minutes: 74,6 
National leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 690 
• connection: 4143 • monthly rental 50 km: 175 
• monthly rental 50 km: 1940 • monthly rental 250 km: 293 
• monthly rental 250 km: 3123 
International leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 863 
• connection: 5178 
Average time for delivery leased lines 
(anaiogue/2Mbit/s) by the incumbent6 • nearest EU: 1726 
• nearest EU: 30540 
• national: 28 days • furthest EU: 5809 
• furthest EU: 88299 
• international: 90 days 
——— ——-—- ' ' •^—— ^^^——_^^^— 
LICENCE FEES 
Public fixed voice telephony licence fees (ECU) 
services/infrastructure (public network) up-front/annual fees: none 
annual numbering fees 0,23 ECU per 8 digit number + code fee (unknown) 
Public mobile telephone services licence fees (ECU) -
analogue not available 
GSM 900 • annual fees: 752 per duplex channel 
DCS 1800 • annual fees: 488 per duplex channel 
annual numbering fees (GSM900 and DCS 1800) 0,23 ECU per 8 digit number + code fee (unknown) 
Average time for granting individual licences 0 days 
Individual licence applications pending/refused • pending: none • refused: none 
41 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C7 
charges 
mobile-fixed 
networks I/C 
charges local level 
single transit (metropolitan) 
double transit (national) 
local level 
single transit (metropolitan) 
double transit (national) 
% difference between fixed-fixed and mobile-fixed 
I/C charges •-
3 
9 
2 
3 
none 
none 
ECU/lOOpermin. 
0,98 
1,82 
2,22 
0,98 
1,82 
2,22 deviation from "best current practice" 
none 
+1,1% 
none 
none 
+1,1% 
none 
local level/single/double transit: none 
1 Providers of (fixed) telecommunications networks and services are not required to obtain individual licences, and 
do not need to notify or await any authorisation from'the NRA before launching operations. Public voice 
telephony operators must apply to the NRA for number allocation; once it is obtained, they can provide local/long 
distance and international voice telephony services. For the time being, about 20 operators have been awarded 
numbers, but only 5 have an interconnection agreement in place (and 2 of them offer only international voice 
telephony). A separate licence is required for establishing and operating public mobile communications networks. 
2 Long distance voice service operators allowed to provide local voice services are included. 
3 International voice service operators allowed to provide long distance voice services are included. 
4 Trunk operators allowed to provide local loop are included 
5 Tariffs are calculated as an average of the various local tariffs. 
6 1995 average. 
7 In local currency (DKK/100): (l) local level: 7,3 per min.; (2) single transit: 13,6 per min.; (3) double transit: 16,6 
per min. 
42 
GERMANY 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 108,8 (EU100) 
telecoms services market value (1997; MECU) 36502 
per capita telecoms expenditure (1997; ECU) 445 (EU average: 376) 
telecoms services market value growth 1998/97 5,9% (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 9,9 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 55,1 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
(according to the licences granted) 
Public fixed local1 • incumbent: Deutsche Telekom AG (74% state-owned) 
voice 1997 market share: 100% 
telephony • alternative operators: 43 
long • incumbent: Deutsche Telekom 
distance 1997 market share: 100% 
• alternative operators: 13 
international incumbent: Deutsche Telecom 
1997 market share: 100% 
• alternative operators: 13 
Public analogue • incumbent: T-Mobil (100% Deutsche Telekom subsidiary) 
mobile voice GSM 900 • incumbent: T-Mobil 
telephony market share2 -1995:48% .1996:50% .1997:52% 
• alternative operators: 1 (Mannesmann Mobilfunk) 
1997 market share2: 48% 
DCS 1800 2 (E-Plus Mobilfunk and E2 Mobilfunk) 
E-Plus Mobilfunk 1997 market share: 100% 
PUBLIC NETWORK OPERATORS 
(according to the licences granted) 
local loop3 Deutsche Telekom + 57 network operators (23 (+D.T.) of which also have local 
voice licences) 
trunk connections Deutsche Telekom + 6 network operators (4 (+D.T.) of which also have long 
distance voice licences) 
crossborder connections Deutsche Telekom + 6 network operators 
43 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place • long-distance: yes • international: yes 
number portability in place yes 
local long-distance/international •territory: not available • population: not available 
Public mobile voice telephony 
analogue • territory: 0% .population: 0% 
GSM900/DCS 1800 ~ .territory: approx. 100% .population: approx. 100% 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 
local calls 
long-distance calls 2488 
• 3 minutes: 12,1 
• 3 minutes: 91 • 10 minutes: 42,5 
• 10 minutes: 303 
National leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 445 • monthly rental 50 km: 369 
• connection: 4047 • monthly rental 50 km: 2590 • monthly rental 250 km: 546 
'' • monthly rental 250 km: 3991 
International leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 506 • nearest EU: 1260 
• connection: 1451 • nearest EU: 16066 
Average time for delivery leased lines 
(ana!ogue/2Mbit/s) by the incumbent • national analogue: 3 months 
• national digital: 6 months • furthest EU: 1497 
• furthest EU: 20194 
• international: not available 
LICENCE FEES 
Public fixed voice telephony licence fees (ECU) 
services up front fees • local: 1012 •national: 1517600 
infrastructure (public network) up front fees • local: 1012 • national: 5362093 
Public mobile telephone services licence fees (ECU) 
analogue/GSM 900/ DCS 1800 up-front fees .7588 .national: 2530000 
Average time for granting individual licences not available 
Individual licence applications pending/refused • pending: not available * refused: not available 
44 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution 
Interconnection charges 
fixed-fixed 
networks I/C 
charges4 local level 
single transit regio50 
regio200 
double transit (national) 
mobile-fixed networks I/C charges 3 
22 
not available 
4 
none 
none 
ECU/100 per min. 
1,00 
1,71 
2,16 
2,61 
local level/ single/double transit deviation from "best current practice" 
none 
none 
+20% 
+0,4% 
not available 
1 Long distance voice service operators that provide local voice services are included. 
2 Source: Mobile Communications guide io west European cellular subscribers, Nov. 1997 andSept. 1996. 
3 Trunk operators that provide local loop are included. 
4 In local currency (DM/100): (l) City: 1,97 per min.; (2) Regio50: 3,36 per min.; (3) Regio200: 4,25 per min.; (4) 
National: 5,14 per min. 
45 
6REECE 
DEROGATIONS GRANTED FOR FULL LIBERALISATION 
public fixed voice telephony: 1.1.2001 public infrastructure: 1.1.2001 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 6jM> (EU100) 
telecoms services market value (1997; MECU) 2243 
per capita telecoms expenditure (1997; ECU) 212 (EUaverage: 376) 
telecoms services market value growth 1998/97 8,8 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 7^3 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 57 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
(according to the licences granted) 
Public fixed local/ • incumbent: OTE (82% state-owned) 
voice longdistance/ 1997 market share: 100% 
telephony international • alternative operators: 0 (derogation granted) 
analogue no licences granted 
Public GSM 900 • incumbent: none 
mobile voice • alternative operators: 2 o Panafon 1997 market share: 57% 
telephony o Telestet 1997 market share: 43% 
DCS 1800 Cosmote (70% OTE) 
PUBLIC NETWORK OPERATORS 
local loop/ trunk/ crossborder connections OTE (derogation granted) 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony (derogation granted) 
carrier selection in place • long-distance: no • international: no 
number portability in place no 
local/long distance/international calls territory/population: 0% 
Public mobile voice telephony 
analogue no licences 
GSM 900 • territory: approx. 70% of road network • population: approx. 90% 
46 
^—^— -~——— ———~——~ " ' —^= I -^=^^ III • 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 657 
local calls • 3 minutes: 4,17 • 10 minutes: 4,17 
long-distance calls • 3 minutes: not available • 10 minutes: not available 
National leased-lines (ECU) 
analogue (3,1 kHz) • connection: 577 • monthly rental 50 km: 351 • monthly rental 250 km: 633 
digital (2Mbit/s) • connection: 2385 • monthly rental 50 km: 3367 • monthly rental 250 km: 5993 
International leased-lines (ECU) 
analogue (3,1 kHz) • connection: 641 • nearest EU: 1474 • furthest EU: 1474 
digital (2Mbit/s) • connection: 1122 • nearest EU: 28846 • furthest EU: 28846 
Average time for delivery leased lines • analogue (national/ international): 2-3 months 
(analogue/2Mbit/s) by the incumbent • digital (national/international): 10 months 
LICENCE FEES 
Public fixed voice telephony licence fees (ECU) 
services/ annual OTE fees: [3,205 MECU + 0,025%(annual turnover-1,602 MECU)] 
infrastructure (public network) 
Public mobile telephone services licence fees (ECU) 
analogue ^ no licences granted 
GSM 900 • up-front fees: 116 MECU 
• annual fees: [1,603 MECU + 0,02%(annual turnover-320510 ECU)] 
DCS 1800 • up-front: 45,8 MECU • annual fees1: 335220 
Average time for granting individual licences 6 months 
Individual licence applications pending/refused • pending: none • refused: none 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 2 (under negotiation) 
fixed-fixed 0 
mobile-mobile 1 
NRA arbitration 1 
Access deficit charge to be paid to the incumbent not yet decided 
Universal service contribution in place not yet decided 
Interconnection charges 
fixed-fixed networks I/C charges not yet decided 
mobile-fixed networks I/C charges under negotiation 
Figure for 1996 subject to annual revision. 
47 
SPAIN 
DEROGATIONS GRANTED FOR FULL LIBERALISATION 
• public infrastructure for voice telephony: 1.12.1998 public fixed voice telephony: 1.12.1998 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 76^9 (EU100) 
telecoms services market value (1997; MECU) 10585 
per capita telecoms expenditure (1997; ECU) 269 (EUaverage: 376) 
telecoms services market value growth 1998/97 8,6 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 11 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 40,75 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
(according to the licences granted) 
Public fixed local/regional1 • incumbent: Telef6nica de Espafia S.A. (0.1% state-owned) 
voice market share (1997): 100% 
telephony • alternative operators: 10 (Retevision + 9 CATV operators) 
(companies not yet operating) 
long distance/ • incumbent: Telefonica de Espafia S.A 
international 1997 market share: 100% 
• alternative operators 10 (Retevision + 9 CATV operators) 
(CA TV operators, not yet operating) 
Public analogue incumbent: Telefonica Moviles (100% Telefonica de Espafia subsidiary) 
mobile voice • incumbent: Telef6nica Moviles 
telephony GSM 900 market share: .1995: 100% .1996: 61% .1997: 64% 
• alternative operators: 1 (Airtel) 1997 market share: 36% 
DCS 1800 no licences granted 
PUBLIC NETWORK OPERATORS 
(according to the licences granted) 
local loop Telef6nica de Espafia + 9 CATV operators + Retevision 
(alternative operators not yet operating) 
trunk/ crossborder Telefonica de Espafia + 9 CATV operators + Retevision 
connections (CA TV operators are not yet operating) 
48 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place • long-distance: yes • international: yes 
number portability in place no 
local calls/ long-distance/ international calls territory/population: major Spanish cities 
Public mobile voice telephony 
analogue .territory: 0% .population: 0% 
GSM 900 .territory: 65% • population: 93% 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 1722 
local calls2 3 minutes: 7,9 • 10 minutes: 19,8 
long-distance calls • 3 minutes: 102,7 10 minutes: 308,2 
National leased-lines (ECU) 
analogue (3,1 kHz) • connection: 659 monthly rental 50 km: 471 • monthly rental 250 km: 794 
digital (2Mbit/s) connection: 6574 monthly rental 50 km: 3852 • monthly rental 250 km: 7765 
International leased-lines (ECU) 
analogue (3,1 kHz) connection: 448 nearest EU: 867 furthestEU: 1256 
digital (2Mbit/s) connection: 2988 • nearest EU: 21291 furthestEU: 27079 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent national: 15days international: 40 days 
LICENCE FEES 
Public fixed voice telephony licence fees 
services/ infrastructure (public network) > up-front fees: not available • annual fees: l/oo of annual turnover 
Public mobile telephone services licence fees (ECU) 
analogue annual frequencies fees: 8,307 MECU > annual fees: l°/oo of annual turnover 
GSM 900 ' annual frequencies fees: 2,636 MECU • annual fees: l%o of annual turnover 
Average time for granting individual licences 2,5 months 
Number of individual licence applications pending/refused • pending: 5 (satellite) • refused: none 
49 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges4 
mobile-fixed 
networks I/C 
charges5 local level3 
single transit (metropolitan) 
double transit (interprovine.) 
local level 
single transit (metropolitan) 
double transit (interprovinc.) 2 (under negotiation) 
1 
1 
none 
not yet decided 
not yet decided 
ECU/lOOpermin. 
1,51 
1,51 
4,22 
not available 
not available 
13,2 
% difference between fixed-fixed and mobile-fixed I/C charges deviation from "best current practice" 
+51% 
none 
+62% 
-
-
+408% 
double transit:+213% 
1 Long distance voice service operators allowed to provide local voice services are included. 
2 Interprovincial calls. Lower tariffs are available for provincial calls. 
3 The lowest I/C charge covers interconnection at a local or a tandem exchange. Thus the "local" rate is the same as 
the "single transit" rate. 
4 Reference interconnection offer is not yet approved by the NRA; maximum I/C tariffs are established by "Orden 
del Ministerio de Fomento" of 18 March 1997. No difference between local level and single transit: both 
correspond to the denomination of "metropolitan" interconnection charges. I/C charges in local currency (Pts): (l) 
local level: not provided; (2) metropolitan: 2,5 per min.; (3) provincial: 4,25 per min; (4) interprovincial: 7 per min. 
Until full liberalisation on 1 December 1998, this offer is only valid for a limited number of authorised operators. 
5 Tariffs are being negotiated. In local currency (Pts): (l) local level: not provided; (2) metropolitan: not provided.; 
(3) provincial: 9,5 per min; (4) interprovincial: 22 per min. 
50 
FRANCE 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 105,9 (EU100) 
telecoms services market value (1997; MECU) 24093 
per capita telecoms expenditure (1997; ECU) 4U (EUaverage: 376) 
telecoms services market value growth 1998/97 7,4 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 10,1 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 57,2 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
(according to the licences granted) 
Public fixed 
voice 
telephony 
Public 
mobile voice 
telephony local1 
long 
distance 
international1 
analogue 
GSM 900 
DCS 1800 • incumbent: France Telecom (75% state-owned) 
1997 market share: 100% 
• alternative operators: 12 
• incumbent: France Telecom 
1997 market share: 100% 
• alternative operators: 4 
• incumbent: France Telecom 
market share: • 1996: 100% • 1997: not available 
• alternative operators: 4 
• incumbent: France Telecom Mobile (100% France Telecom subsidiary) 
1997 market share: 36% 
• alternative operators: 1 (Societe Franchise de Radiocommunications (SFR)) 
1997 market share: 64% 
• incumbent: France Telecom Mobile (FTM) 
• alternative operators: o national: 1 (SFR) o local: 2 (FTM and SRR) 
• national: 1 licence (Bouygues Telecom) 
• local 2 licences (FTM and SFR) 
digital mobile market share 
(GSM900+DCS1800) • France Telecom Mobile: 53% 
• SFR: 38% 
• Bouygues: 9% 
PUBLIC NETWORK OPERATORS 
(according to the licences granted) 
local loop2 France Telecom +14 (12 of which also have voice telephony licences) 
trunk connections France Telecom + 5 (4 of which also have voice telephony licences) 
crossborder connections2 France Telecom +6 (4 of which also have voice telephony licences) 
51 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place • long-distance: yes • international: yes 
number portability in place yes 
local calls/ long-distance • territory: 0% • households: 0% 
international calls .territory: not available .households: not available 
Public mobile voice telephony 
analogue/GSM 900 .territory: 85% .population: 98% 
DCS 1800 .territory: 47% .population: 82% 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 
local calls 
long-distance calls 2056 
• 3 minutes: 11,2 
• 3 minutes: 51,7 • 10 minutes: 25,7 
. 10 minutes: 172,4 
National leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 605 
• connection: 9072 
International leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 340 
• connection: 3629 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent • monthly rental3 50 km: 485 
• monthly rental 50 km: 2283 
• 
• nearest EU: 624 
• nearest EU: 11914 
• national: not available • monthly rental 250 km: 697 
• monthly rental 250 km: 4702 
• furthest EU: 760 
• furthest EU: 14138 
• international: 3 months 
LICENCE FEES 
Public fixed/mobile voice telephony licence fees (ECU) 
services 
(annual fees) 
infrastructure 
(annual fees) 
administrative 
fees oper. with significant market power 
other operators 
oper. with significant market power 
other operators 
fixed 
telephony 
mobile 
telephony services 
infrastructure 
services 
infrastructure 
Average time for granting individual licences 
Individual licence applications pending/refused • local: 30241 • national: 453618 
• local: 15120 • national: 226810 
• local: 30241 • national: 1,068 MECU 
• local: 15120 • national: 529221 
• local: 7560 • national: 113400 
• local: 7560 • national: 264610 
• local: not available • national: not available 
• local: 15121 .national: 529221 
• pending: 24. * refused: not available 
• not available • not available 
52 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile/fixed-fixed/mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
+ universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges4 
mobile-fixed 
networks I/C 
charges5 local level 
single transit (metropolitan) 
double transit (national) 
local level/single/double 
transit (metropolitan) 
transit (national) not available 
not available 
• 0,27 ECU/100 per min. for fixed operators 
• 0.15 ECU/100 per min. for mobile operators 
ECU/lOOpermin. 
0,71 
1,73 
2,55 
0,71 
1,73 
2,55 
% difference between fixed-fixed and mobile-fixed I/C charges deviation from "best current practice" 
none 
none 
none 
none 
none 
none 
local /single/ double transit: none 
1 Long distance voice service operators allowed to provide local/international voice services are included. 
2 Four trunk operators allowed to provide local loop are included. 
3 Tariffs for 250 km distance from the border. 
4 In local currency (FF/100): (l) local level: 4,69 per min.; (2) single transit: 11,40 per min.; (3) double transit 
(>200km): 16,77 per min. 
5 Source: Reference interconnection catalogue, France Telecom, 1997. 
53 
IRELAND 
DEROGATIONS GRANTED FOR FULL LIBERALISATION 
public infrastructure for voice telephony: 1.1.2000 public fixed voice telephony: 1.1.2000 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 103,9 (EU100) 
telecoms services market value (1997; MECU) 1585 
per capita telecoms expenditure (1997; ECU) 438 (EUaverage: 376) 
telecoms services market value growth 1998/97 9,5 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 11,3 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 38,4 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
Public fixed local/ • incumbent: Telecom Eireann (80% state-owned) 
voice longdistance/ market share: 1997: 100% 
telephony international • alternative operators: none (derogation granted) 
analogue incumbent: Eircell (100% Telecom Eireann subsidiary) 
Public • incumbent: Eircell 
mobile voice GSM 900 market share: -1996:100% •19971:72% 
telephony ^ • alternative operators: 1 (Esat Digifone) 1997 market share1 28% 
DCS 1800 no licences granted 
PUBLIC NETWORK OPERATORS 
local loop/ trunk/ 
crossborder connections Telecom Eireann (derogation granted) 
——— ——— ———^ 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony (derogation granted) 
carrier selection in place • long-distance: no • international: no 
number portability in place no 
local/long distance/international calls territory/population: 0% 
Public mobile voice telephony 
analogue 0% 
GSM 900 •territory: approx. 100% •population: approx. 100% 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 2916 
local calls • 3 minutes: 14,9 • 10 minutes: 45,7 
long-distance calls • 3 minutes: 58,2 10 minutes: 194 
54 
Incumbent's retail prices (cont.) 
National leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 389 
• connection: 6480 • monthly rental 50 km: 427 
• monthly rental 50 km: 3200 • monthly rental 250 km: 772 
• monthly rental 250 km: 5965 
International leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 389 
• connection: 6480 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent • nearest EU: 1685 
• nearest EU: 23976 
• national: not available • furthest EU: 2916 
• furthest EU: 28512 
• international: not available 
LICENCE FEES 
Public fixed voice telephony licence fees 
services/ infrastructure (public network) not yet decided 
Public mobile telephone services licence fees (ECU) 
analogue 
GSM 900 
DCS 1800 no fees 
• annual spectrum fees2: o first two years: 12961 o after the second year: 25920 
• up front: 1,944 MECU • annual spectrum fees2: 25920 (after the second year) 
• spectrum access charge (up-front): the applicants are free to offer any figure up to and 
including an amount of 12,96 MECU 
Average time for granting individual licences 
Individual licence applications pending/refused not available 
• pending: not available •refused: not available 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges3 
mobile- fixed 
networks I/C 
charges local level 
single transit (metropolitan) 
double transit (national) 
local level 
single transit (metropolitan) 
double transit (national) 2 
none 
none (1 I/C agreement is being negotiated) 
none 
not yet decided 
not yet decided 
ECU/100 per min. 
7 
13,3 
16,6 
7 
13,3 
16,6 
% difference between fixed-fixed and mobile-fixed I/C charges deviation from "best current practice" 
+600% 
+638% 
+537% 
+600% 
+638% 
+537% 
local level/single/double transit: none 
1 Source: Mobile Communications guide to west European cellular subscribers, Nov. 1997. 
2 Per paired 200kHz channel 
3 Charges for cross-border call termination. Tariffs proposed by the operator, but not yet approved by the national 
regulatory authority. In local currency (IR£/100): (l) local level: 5,22 per min.; (2) single transit: 9,84 per min.; (3) 
double transit: 12,27 per min. 
55 
ITALY 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 103,2 (EU100) 
telecoms services market value (1997; MECU) 18884 
per capita telecoms expenditure (1997; ECU) 329 (EUaverage: 376) 
telecoms services market value growth 1998/97 7,1 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 16,2 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 42,68 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
(according to the licences granted) 
Public fixed local/ • incumbent: Telecom Italia (9,45% state-owned) 
voice longdistance/ 1997 market share: 100% 
telephony international •alternative operators: 0 (no licences granted) 
Public analogue incumbent: Telecom Italia Mobile (60,34% Telecom Italia) 
mobile voice • incumbent: Telecom Italia Mobile 
telephony GSM 900 market share: • 1995:90% • 1996: 74% •1997:71% 
• alternative operators: 1 (Omnitel P.I.) 1997 market share: 29% 
DCS 1800 no licences granted 
PUBLIC NETWORK OPERATORS 
(according to the licences granted) 
local loop/trunk/ 
crossborder connections Telecom Italia + 0 alternative operators (no licences granted) 
1 ~-~—— ""^^^~~~~~^"^^^~i 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
local/longdistance/international •territory: 0% • population: 0% 
carrier selection in place • national: no • international: no 
number portability in place no 
Public mobile voice telephony 
analogue • territory: 0% • population: 0% 
GSM 900 • territory: 72% •population: 96% 
56 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 
local calls 
long-distance calls 1892 
• 3 minutes: 7,8 
• 3 minutes: 70,7 • 10 minutes: 23,6 
• 10 minutes: 217,3 
National leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 104 
• connection: 309 • monthly rental 50 km: 475 
• monthly rental 50 km: 7224 • monthly rental 250 km: 667 
• monthly rental 250 km: 11295 
International leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 104 
• connection: 309 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent • nearest EU: 1594 
• nearest EU: 32441 
• national: 89% in 20 days or within 
• international: not available • furthest EU: 1867 
• furthest EU: 36797 
the terms accorded with the clients 
LICENCE FEES 
(according to the draft legislation) 
Public fixed voice telephony licence fees (ECU) 
services 
infrastructure 
(public network) 
services + 
infrastructure up-front 
annual 
up-front 
annual 
up-front 
annual 
numbering fees local 
10306 
10306 
10306 
25766 
15459 
10306 regional 
20612 
25766 
20612 
51530 
25766 
25766 national 
51530 
61835 
61835 
103058 
56682 
61835 
• subscriber's number: 0,01 ECU/sub. • operator's prefix1: from 103058 to 25766 
Public mobile telephone services licence fees (ECU) 
analogue 
GSM 900 
DCS 1800 annual fees: 3,5% of annual turnover 
• up-front: not available • annual fees: 3,5% of annual turnover 
same fees as for fixed voice telephony, unless differently stated in the bidding procedures 
Average time for granting individual licences 
Individual licence applications pending/refused not available 
• pending: 5 
• refused: none 
57 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges3 
mobile- fixed 
networks I/C 
charges4 local level2 
single transit (metropolitan) 
double transit (national) 
local level 
single transit (metropolitan) 
double transit (national) 
% difference between fixed-fixed and mobile-fixed 
I/C charges 2 
0 
1 
2 
not yet decided 
not yet decided 
ECU/100 per min. 
1,54 
2,52 
not provided 
4,12 
4,12 
4,12 deviation from "best current practice" 
+54% 
+40% 
-
+312% 
+ 129% 
+58% 
• local level:+167% 
• single transit: +63% 
1 Depending on the type of access code. 
2 Available only from 1.9.1998 
3 Source: Reference lnterconnection Offer, Telecom ltalia, 1997. Latest tariffs proposed by the operator, but not yet 
approved by the national regulatory authority. In local currency (LIT): (l) local level (only from 1.9.1998): 29,6 
per min.; (2) single transit: 48,4 per min.; (3) double transit: not provided. 
4 In local currency (LIT): local/single/double transit: 80 per min. 
58 
LUXEMB0UR6 
DEROGATIONS GRANTED FOR FULL LIBERALISATION 
public infrastructure for voice telephony: 1.7.1998 • public fixed voice telephony: 1.7.1998 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 163,5 (EU100) 
telecoms services market value (1997; MECU) 211 
per capita telecoms expenditure (1997; ECU) 505 (EUaverage: 376) 
telecoms services market value growth 1998/97 9,9% (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 15,1 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 58,3 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVTDERS 
Public fixed 
voice 
telephony local/ 
long distance1/ 
international • incumbent: Luxembourg P&T (100% state-owned) 
1997 market share: 100% 
• alternative operators: none (derogation granted) 
Public 
mobile voice 
telephony analogue 
GSM 900 
DCS 1800 none (service no longerprovided by P&T) 
• incumbent: Luxembourg P&T 
1997 market share: 100% 
' alternative operators: 1 (Millicon) 
Luxembourg P&T+Millicon 
PUBLIC NETWORK OPERATORS 
local loop/tmnk/ 
crossborder connections Luxembourg P&T (derogation granted) 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place no 
number portability in place no 
local/long distance/international calls territory/population: 0% 
Public mobile voice telephony 
analogue service no longer provided (byP&T) 
GSM 900/DCS 1800 territory/population: 0% (alternative operator not yet operating) 
59 
INCUMBENT'S RETATL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 2707 
local/long distance calls • 3 minutes: 12,3 • lOminutes: 36,9 
National leased-lines (ECU) 
analogue (3,1 kHz) • connection: 123 monthly rental 50 km: 184 • monthly rental 250 km:184 
digital (2Mbit/s) • connection: 2943 • monthly rental 50 km: 5100 monthly rental 250 km: 5100 
International leased-lines (ECU) 
analogue (3,1 kHz) • connection: 123 • nearestEU:294 furthest EU: 846 
digital (2Mbit/s) • connection: 2943 nearest EU: 9809 • furthest EU: 24521 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent national: 10 (for analogue) 20 (for digital) working days 
international: 20 (analogue/digital) working days 
LTCENCEFEES 
Public fixed voice telephony licence fees 
services/infrastracture not yet decided 
Public mobile telephone services licence fees (ECU). 
GSM 900/DCS 1800 • up-front: 1,839 MECU . .annual fees: 735644 
. annual spectrum usage: 12261 per channel 
Average time for granting individual licences not available 
Individual licence applications pending/refused • pending: none • refused: none 
PUBLIC NETWORK INTERCONNECTION | 
Interconnection agreements 
fixed-mobile/ fixed-fixed/ mobile-mobile 0 (1 I/C agreement is being negotiated) 
NRA arbitration not available 
Access deficit charge to be paid to the incumbent not yet decided 
Universal service contribution in place not yet decided 
Interconnection charges 
fixed-fixed/ mobile -fixed networks I/C charges under negotiation 
Luxembourg does not have a local network. 
60 
THE NETHERLANDS 
TELECOMMUNICATIONS MARKET 
percapita 1997 GDP at current market prices (PPS) 104,9 (EU.100) 
telecoms services market value (1997; MECU) 7089 
per capita telecoms expenditure (1997; ECU) 454 (EU average: 376) 
telecoms services market value growth 1998/97 6,7% (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 9,9 (EU average: 13) 
telephone lines per 100 inhabitants( 1996) 52,3 
— ' ' ' ""-• ' ——^—— I I I •!— IT I I *>^*^———~l I—mfj-m lf II •—nm" " I ^—.^^————^- I •' -----—— •III-.. ; lmJ 
PUBLIC VOlCE TELEPHONY OFERATORS/SERVICE PROVTDERS 
(according to the licences granted) 
Publicfixed local1 •incumbent: PTT Telecom (KPN) (44% state-owned) 
voice 1997 market share: 100% 
telephony •alternative operators: 3 (not yet operating) + 125 CATV (5 ofwhich 
have I/C agreements in place) 
long • incumbent: PTT Telecom 
distance 1997 market share: 100% 
• alternative operators: 2 
international •incumbent: PTT Telecom 
market share: • 1996:100% • 1997: <100% 
• alternative operators: 2 
Public analogue incumbent: PTT Telecom 
mobile voice •incumbent: PTT Telecom 
telephony GSM900 1997 market share: 60% 
• alternative operators: 1 (Libertel) 1997 market share: 40% 
DCS 1800 no licences granted 
PUBLIC NETWORK OPERATORS 
(according to the licences granted) 
local loop2 PTT Telecom + 3 + 125 CATVfi ofwhich have I/C agreements in place) 
(all the network operators have been granted voice telephony licences) 
trunk/ crossborder connections PTT Telecom + 2 (voice telephony licensee operators) 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony ^ 
carrier selection in place • long-distance: yes • international: yes 
number portability in place no 
local/long-distance/internationalcalls • territory: not available • population: not available 
Public mobile voice telephony 
analogue •territory: 0% •population: 0% 
GSM 900 •territory: approx. 100% •population: approx. 100% 
* ' ——— •» •«—• -—-mmmm—^BS—^——P-^P-——•—L——i^—^- , , ^——^—• ••••!• •• —— • .^-^—.. . , „,MMMM | 
61 
INCUMBENT'SRETAILPRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 2442 
local calls • 3 minutes: 13,2 lOminutes: 33,7 
long-distance calls • 3 minutes: 31,4 • lOminutes: 94,3 
National leased-Iines (ECU) 
analogue (3,1 kHz) • connection: 105 • monthly rental 50 km: 125 • monthly rental 250 km: 283 
digital (2Mbit/s) • connection: 2244 • monthly rental 50 km: 2199 • monthly rental 250 km: 3775 
International leased-lines (ECU) 
analogue (3,1 kHz) • connection: 105 • nearest EU: 507 furthest EU: 664 
digital (2Mbit/s) • connection: 2244 • nearest EU: 9170 • furthest EU: 11895 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent • national: within 3 months • international: within 3 months 
LICENCE FEES 
Public fixed voice telephony licence fees (ECU) 
services 
infrastructure 
(public network) local/regional 
long distance • up-front: 135 • annual fees: 281 
• up-front: 90 • annual fees: 224 
• up-front: 0 • annual fees: 112212 
Public mobile telephone services licence fees (ECU) 
analogue 
GSM 900/DCS 1800 annual fees: 10100 
annual fees: 112212 
Average time for granting individual licences 
Individual licence applications pending/refused less than 6 weeks (90%) 
• pending: approx. 30 • refused: not available 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges 
mobile-fixed 
networks I/C charges local level 
single transit (metropolitan) 
double transit (national) 
local/ single/ double transit 3 
8 (19 I/C agreements in negotiation) 
not available 
2 
not yet decided 
not yet decided 
ECU/100 per min. 
0,95 
1,27 
1,63 
not available deviation from "best current practice" 
none 
none 
hone 
-
1 Long distance voice service operators allowed to provide local voice services are included. 
2 Trunk operators allowed to provide local loop are included. 
62 
AUSTRIA 
/::v:.^r;^:j:^ 
per capita 1997 GDP at current market prices (PPS) 
telecoms services market value (1997; MECU) 
per capita telecoms expenditure (1997; ECU) 
telecoms services market value growth 1998/97 
cellular mobile subscribers per 100 inhabitants (1997) 
telephone lines per 100 inhabitants (1996) 110,4 (EU100) 
3190 
393 
9,5 % 
14,3 
48,5 (EU average: 376) 
(EU average: 8,2) 
(EU average: 13) 
PUBUC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
(according to the licences granted) 
local1 • incumbent: . Post und Telekom Austria (PTA) AG (100% state-owned) 
Public fixed 1997 market share: 100% 
voice • alternative operators: 7 (not yet operating) 
telephony long distance/ incumbent: Post und Telekom Austria (PTA) AG 
international 1997 market share: 100% 
• alternative operators: 5 (not yet operating) 
analogue incumbent: MobilKom Austria (75% PTA) 
Public .incumbent: MobilKom Austria 
mobile voice GSM 900 market share: • 1995: 100% • 1996: 96,8% • 1997: 75% 
telephony • alternative operators: 1 (Max.Mobil) 1997 market share: 25% 
DCS 1800 1 (Connect Austria, not yet operating) 
PUBLIC NETWORK OPERATORS 
(according to the licences granted) 
local loop2 PTA+ 7 licensee operators (notyet operating) 
(5 operators are 100% publicly-owned utilities companies. 1 operator has been granted 
only voice telephony licence. 1 operator has been granted only infrastructure licence) 
trunk/crossborder 
connections PTA + 4 licensee operators 
63 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRTER SELECTION 
Public fixed voice telephony 
carrier selection in place 
number portability in place 
local/ long-distance/ international calls • long-distance: no • international: no 
no 
territory/ population: 0% 
Public mobile voice telephony 
analogue 
GSM 900 • territory: 0% 
• territory: approx. 30% • population: 0% 
• population: 90% 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony3 (ECU/100) 
bi-monthly rental 
local calls 
long-distance calls 6938 
• 3 minutes: 25 
• 3 minutes: 96 • 10 minutes: 83 
• 10 minutes: 321 
National leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 108 
• connection: 1438 • monthly rental 50 km: 327 
• monthly rental 50 km: 3055 • monthly rental 250 km: 578 
• monthly rental 250 km: 5572 
International leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 108 
• connection: 1438 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent • nearest EU: 899 
• nearest EU: 11383 
• national: 3 to 4 months • furthest EU: 1677 
• furthest EU: 19770 
• international: not available 
SZ=SBBBagBBI—BOBSSSSSSSSBESSSSSSSSSSB^ 
LICENCEFEES 
Public fixed voice telephony licence fees4 (ECU) 
services/ .up-front: 5033 .annualfees: 0 • numbering fees: not yet decided 
infrastructure (public network) 
Public mobile telephone services licence fees4 
analogue «up-front: 5033 ECU • annual fees per channel: 71,8 ECU 
GSM900 .up-front: 287,570 MECU • annual fees per channel: 575 ECU 
• numbering fees: not yet decided 
DCS 1800 • up-front: 194,110 MECU • annual fees per channel: 575 ECU 
Average time for granting individual licences 4 weeks 
Individual licence applications pending/refused .pending: 5 .refused: none 
64 
PUBLIC NETWORKINTERCONNECTION 
Interconnection agreements 
fixed-mobile 2 (2 new I/C agreements are being negotiated) 
fixed-fixed 0 (3 new I/C agreements are being negotiated) 
mobile-mobile not available 
NRA arbitration 
Access deficit charge to be paid to the incumbent not yet decided 
Universal service contribution in place none 
Interconnection charges ECU/lOOpermin. deviation from "best current practice' 
fixed-fixed 
networks 
I/C charges7 local level6 3,26 +226% 
single transit (metropolitan) 3,26 +81,0% 
double transit (national) 3,99 +53,5% 
mobile-fixed 
networks I/C 
charges8 local level6 07 +710% 
single transit (metropolitan) 8,1 +350% 
double transit (national) 10,02 +288% 
% difference between fixed-fixed and mobile-fixed 
I/C charges local level/single transit: +147% 
double transit:+151% 
1 Long distance voice service operators allowed to provide local voice services are included. 
2 Trunk operators allowed to provide local loop are included. 
3 Tariffs for "standard" package. Lower tariffs are available for "minimum" package. 
4 All the licensee operators have to contribute to the operational cost of the NRA (proportionally to their annual 
turnover and to the total turnover of the national telecommunications market). The amount is not yet decided. 
5 Unless PTA' s market share falls under 80%, it cannot claim financial service funding. 
6 There are no offer for I/C points at local level. The lowest I/C charge covers interconnection at a local or a 
tandem exchange. Thus the "local" rate is the same as the "single transit" rate. 
7 Proposed tariffs, noy yet approved by the NRA and still under negotiation. In local currency (ATS): (l) local level: 
not provided; (2) single transit: 0,45 per min.; (3) double transit: 0,55 per min. 
8 In local currency (ATS): (l) local level: not provided; (2) single transit: 1,12 per min.; (3) double transit: 1,39 per 
min. 
65 
PORTUGAL 
DEROGATIONS GRANTED FOR FULL LIBERALISATION 
public infrastructure for voice telephony: 1.1.2000 public fixed voice telephony: 1.1.2000 
TELECOMMUNICATIONS MARKET 
per capita 1997 GDP at current market prices (PPS) 69,4 (EU.100) 
telecoms services market value (1997; MECU) 2550 
per capita telecoms expenditure (1997; ECU) 258 (EU average: 376) 
telecoms services market value growth 1998/97 11,1 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 11,5 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 37,14 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS 
Public fixed local/ • incumbent: Portugal Telecom (25% state-owned) 
voice long distance/ 1997 market share: 100% 
telephony international . alternative operators: 0 (derogation) 
Public analogue incumbent: Telecomunicacoes M6veis Nacionais (TMN) 
mobile voice (100% Portugal Telecom subsidiary) 
telephony • incumbent: TMN 
GSM 900 market'share1: • 1995:47% • 1996: 45% • 1997: 50% 
• alternative operators: 2 Telecel 1997 market share1: 50% 
(one licensee company not yet operating) 
DCS 1800 1 (company not yet operating) 
PUBLIC NETWORK OPERATORS 
local loop/trunk/ crossborder connections Portugal Telecom (derogation granted) 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony (derogation granted) 
carrier selection in place no 
number portability in place no 
local/long distance/international calls territory/population: 0% 
Public mobile voice telephony 
analogue • territory: 0% • population: 0% 
GSM 900 • territory: approx. 90% • population: approx. 99% 
INCUMBENT'S RETATL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 2136 
local calls • 3 minutes: 6,7 • 10 minutes: 26,7 
long-distance calls2 • 3 minutes: 100 • 10 minutes: 320,4 
66 
Incumbent's retail prices (cont.) 
National leased-lines (ECU) 
analogue (3,1 kHz) connection3:208 monthly rental 50 km: 330 • monthly rental 250 km: 1063 
digital (2Mbit/s) • connection3: 4945 • monthly rental 50 km: 4500 • monthly rental 250 km: 13648 
International leased-lines (ECU) 
analogue (3,1 kHz) • connection: 183 nearestEU: 1623 furthestEU:2363 
digital (2Mbit/s) • connection: 3653 nearest EU: 23332 .furthestEU: 35177 
Average time for delivery leased lines 
(ana!ogue/2Mbit/s) by the incumbent national/international: from 4 to 7 days 
ft ! \ 1 
LICENCEFEES 
Public voice telephony licence fees 
services/ infrastructure (public network) not yet decided 
Public mobile telephone services licence fees (ECU) ' 
analogue no specific fees in addition to GSM 900 fees (for TMN) 
GSM 900/DCS 1800 .up-front: 4945 • renewal fees: 2472 • annual fees: 24724 
Average time for granting individual licences 43 working days 
Individual licence applications pending/refused .pending: 3 .refused: none 
——— ——.——wmmmmmi—•——— ————I—————————.—————————^————I 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitrations 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges4 
mobile-fixed 
networks I/C 
charges5 local level 
single transit (metropolitan) 
double transit (national) 
local level 
single transit (metropolitan) 
double transit (national) 
% difference between fixed-fixed and mobile-fixed 
I/C charges 1 (1 I/C agreement is being negotiated) 
1 (1 I/C agreement is being negotiated) 
not avail. 
1 
included in the overall charges 
included in the overall charges 
ECU/100 per min. 
1,25 
2,5 
18,75 
1,25 
2,5 
18,75 deviation from "best current practice" 
+25% 
+39% 
+621% 
+25% 
+39% 
+621% 
• local level/single/double transit: none 
1 Source: Mobile Communications guide to westEuropean cellular subscribers, Nov. 1997 andSept. 1996. 
2 Tariffs for interurban 2nd grade call. Lower tariffs are available for regional 1* grade call, urban areas of Lisbon 
and Oporto. 
3 National circuit connecting different groups of networks. 
4 Charges for cross-border call termination not yet approved by the NRA. In local currency (PTE): (l) local level: 
6,99 per min.; (2) single transit: 15 per min. (regional 1st grade call, urban areas of Lisbon and Oporto); (3) double 
transit: 107,15 per min. (interurban 2nd grade call). Values referring to 1997 and are still undergoing discussion 
for 1998. 
5 In local currency (PTE): double transit: 112,5 per min. (interurban 2nd grade call). Values referring to 1997 and 
still undergoing discussion for 1998. 
67 
FINLAND 
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSBSSSSSSSSSSaSSSSSSSSSSSSSSSSSSSSSSIBSSSSSSSSSSSSBSSSSSSCSSSSSSSSSS^ 
TELECOMMUNICATIONS MARKET 
percapita 1997 GDP at current market prices (PPS) 94,2 (EU100) 
telecoms services market value (1997; MECU) 1795 
per capita telecoms expenditure (1997; ECU) 350 (EU average: 376) 
telecoms services market value growth 1998/97 6,9 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 40 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 52,8 
I-^SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSgSSSSSSSSSB^ 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVTDERS1 
Public fixed local2 • incumbents3: o 46 local incumbents (Finnet Group) (100% private owned) 
voice market share: .1995:78% .1996:68% • 1997: not avail. 
telephony o Telecom Finland (100% state-owned) 
(according market share: .1995:32% .1996:32% .1997: not avail. 
to the • alternative operators: 15 (almost all companies are operating) 
notifications) 1996 market share: approx. 0% 
long distance • incumbent: Telecom Finland 
market share: • 1995: 41% • • 1996: 42% • 1997: not avail. 
• alternative operators:' 17 (almost all companies are operating) 
1996 total alternative operators market share: 58% 
(Finnet subsidiary: 55%; Telia Finland: 4,7%) 
international .incumbent: Telecom Finland 
market share: .1995:75% .1996:69% • 1997: not avail. 
• alternative operators: 15 
1996 total alternative operators market share: 31% 
(Finnet subsidiary: 24%; Telia Finland: 9%>) 
Public analogue incumbent: Telecom Finland 
mobile voice • incumbent: Telecom Finland 
telephony GSM900 market share: .1995:67% .1996:68% .1997:66% 
(according to • alternative operators: 1 (Finnet subsidiary) 
the licences 1997 market share: 34% 
granted) DCS 1800 25 licences granted (only 2 companies are yet operating) pSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSBSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS^ 
PUBLIC NETWORK OPERATORS 
(according to the notifications1) 
local loop4 Telecom Finland + Finnet Group (46 operators) + 5 other operators 
(almost all companies are operating) 
trunk connections Telecom Finland + 2 Finnet subsidiaries + 4 other operators 
(almost all companies are operating) 
crossborder connections5 Telecom Finland + 1 Finnet subsidiary + 7 other operators 
(almost all companies are operating) 
68 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place 
number portability in place 
local calls 
long-distance calls 
international calls • long-distance: yes (since 1994) • international: yes (since 1994) 
in some areas since June 1997 
• territory: 100% 
• territory: 100% 
• territory: 100% • population: 100% 
• population: 100% 
• population: 100% 
Public mobile voice telephony 
analogue 
GSM 900 
DCS 1800 • territory: 0% 
• territory: 100% 
• territory: Helsinki area • population: 0% 
• population: 100% 
• population: approx. 10% 
INCUMBENT'S RETATL PRICES (Telecom Finland) 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 2438 
local calls • 3 minutes: 11,8 lOminutes: 20,7 
long-distance calls • 3 minutes: 18,5 • lOminutes: 61,8 
National leased-Iines (ECU) 
analogue (3,1 kHz) • connection: 768 • monthly rental 50 km: 174 >monthry rental 250 km: 524 
digital (2Mbit/s) • connection: 4174 monthly rental 50 km: 870 • monthly rental 250 km: 2497 
International leased-lines (ECU) 
analogue (3,1 kHz) connection: 668 • nearest EU: 523 • furthestEU: 1370 
digital (2Mbit/s) connection: 2588 • nearest EU: 8314 .furthestEU: 23433 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent national: not available • international: 6 weeks 
LICENCE FEES 
Public fixed voice telephony licence fees (ECU) 
services • up-front/annual/renewal: none 
• numbering fees: o for subscriber number6: 0,4 ECU/sub. 
o for operator's prefix: from 3673 to 91827 
infrastructure (public network) none 
Public mobile telephone services licence fees (ECU) 
analogue/ GSM 900 • up-front fees: none • annual spectrum fees7: 1262 (per frequency band/25kHz) 
DCS 1800 • up-front fees: none • annual spectrum fees7: 947 (per frequency band/25kHz) 
Average time for granting individual licences about 3 months 
Individual licence applications pending/refused • pending: none • refused: none 
69 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges9 
mobile-fixed 
networks I/C 
charges local level8 
single transit (metropolitan) 
double transit (national) 
local level8 
single transit (metropolitan) 
double transit (national) 
% difference between fixed-fixed and mobile-fixed 
I/C charges 2 
approx. 70 
1 
4/5 times during the negotiation (not for the final agreement) 
none 
none 
ECU/100 per min. 
1,81 
1,81 
4,20 
1,81 
1,81 
4,20 deviation from "best current practice" 
+ 0,81% 
+ 0,5% 
+ 61,5% 
+ 0,81% 
+0,5% 
+ 61,5% 
local level/single/double transit: none 
1 According to the national licence regime, a notification is requested for providing fixed voice telephony services 
or network services in a public telecommunications network. Only the provision of telecommunications network 
services in a public mobile wireless network is subject to an individual licensing requirement. The national 
licence/notification regime does not make any distinction between local/long distance and international. 
2 Some long distance voice service operators allowed to provide local voice services are included. 
3 Finnet group consists of 46 regional privately owned telephone company and their subsidiary and affiliated 
companies. The great part of them are limited compames or cooperatives, but there are also some economic 
associations and organisations owned by cities. Until 1994 each local telephony company had a well-defined 
although limited monopoly within its geographical region and Telecom Finland functions were to interconnect 
the local telephone compames, in order to provide long-distance and international services, and to provide local 
telephony (where there were no other local telephone compames). 
4 Three trunk operators allowed to provide local loop are included. 
5 Six trunk/local loop operators allowed to provide crossborder connections are included. 
6 Depending on the type of access code. 
7 For 6th billing year or later and for national spectrum usage. Lower annual spectrum usage fees are requested for 
the first 5 years of activity and for restricted right of use area. 
8 The lowest I/C charge covers interconnection at local or a single exchange. Thus the "local " rate is the same as 
the "single transit". 
9 In local currency (FIM/100): (l) local level: 10,7 per min.; (2) single transit: 10,7 per min.; (3) double transit: 24,7 
permin. 
70 
SWEDEN 
TELECOMMUNICATIONS MARKET 
---------S-—Ss=sssssesssB=sssssssss^^ 
per capita 1997 GDP at current market prices (PPS) 97,3 (EU.100) 
telecoms services market value (1997; MECU) 4667 
per capita telecoms expenditure (1997; ECU) 523 (EUaverage: 376) 
telecoms services market value growth 1998/97 7,4% (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1996) 28 
telephone lines per 100 inhabitants (1996) 7JU 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PROVIDERS1 
Public fixed local2 •incumbent: Telia (100% state-owned) 
voice market share: • 1995: 100% • 1996: 98% • 1997: not avail. 
telephony • alternative operators: 13 licences + 9 notifications 
(according 1996 total alternative operators3 market share: 2% 
to the long • incumbent: Telia 
notifications distance market share: • 1995: 94% • 1996: 88% • 1997: not avail. 
or licences • alternative operators: 13 licences + 9 notifications 
granted) 1996 total alternative operators market share: 12% 
(Tele2:11%) 
international2 • incumbent: Telia 
market share: • 1995: 76% • 1996: 73% • 1997: not avail. 
• alternative operators: 13 licences + 9 notifications 
1996 total alternative operators market share: 27% 
. (Tele2: 22%) 
Public analogue incumbent: Telia Mobitel (100% Telia's subsidiary) 
mobile voice • incumbent: Telia 
telephony GSM 900 market share • 1995:46% • 1996:52% • 1997: not avail. 
(according • alternative operators: 2 licences 
to the 1996 market share: oComviq:30% 
licences o Europolitan 17% 
granted) DCS 1800 4 (only 1 company operating) 
PUBLIC NETWORK OPERATORS1 
local loop/ trunk/ crossborder connections 
(according to the notifications or licences 
granted) 7 licensee operators + 24 notifications + Telia 
(5 licensee operators (+Telia) and 5 notified operators also offer 
voice telephony services) 
71 
% OF CONSUMERS WITH CHOICE OF OPERATORS/CARRTER SELECTION 
Public fixed voice telephony 
carrier selection in place 
number portability in place 
local calls 
long-distance calls 
international calls • long-distance: yes • international: yes 
no 
• territory: approx. 0% 
• territory: 100% 
• territory: 100% • population: approx. 0% 
• population: 100% 
• population: 100% 
Public mobile voice telephony 
analogue 
GSM 900 • territory: 0% 
• territory: not available • population: 0% 
• population: not available 
INCUMBINT'S RETATL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 2410 
local calls • 3 minutes: 8,7 • lOminutes: 27,5 
long-distance calls • 3 minutes: 21,8 • lOminutes: 61,9 
National leased-lines4 (ECU) 
analogue (3,1 kHz) • connection: 1860 • monthly rental 50 km: 82 • monthly rental 250 km: 504 
digital (2Mbit/s) • connection: 8136 • monthly rental 50 km: 1220 monthly rental 250 km: 4446 
International leased-lines4 (ECU) J analogue (3,1 kHz) • connection: 581 • nearest EU: 416 • furthestEU:1835 
digital (2Mbit/s) • connection: 581 • nearest EU: 4943 .furthestEU: 21342 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent * national: 6 weeks international: not available 
LICENCE FEES 
Public fixed voice telephony licence fees (ECU) 
services/ 
infrastructure (public network) »licences fees: 
• notifications: up-front: 11470 
up-front: none annual fees: 0,9°/oo of turnover5 
annual fees6: 115 or 573 
Public mobile telephone services licence fees (ECU) 
analogue/ GSM 900/ 
DCS 1800 • up-front: 11470 • annual fees: 0,9°/oo of turnover5 
* annual spectrum fees: 17,21/base station 
Average time for granting individual licences not available 
Individual licence applications pending/refused • pending: 1 • refused: none7 
72 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges8 
mobile-fixed 
networks I/C 
charges local level 
single transit (metropolitan) 
double transit (national) 
local level 
single transit (metropolitan) 
double transit (national) 
% difference between fixed-fixed and mobile-fixed 
I/C charges 15 
20 
not available 
5 
none 
none 
ECU/100 per min. 
1,14 
1,75 
2,38 
1,14 
1,75 
2,38 deviation from "best current practice" 
+14% 
none 
none 
+14% 
none 
none 
local level/single/double transit: none 
1 According to the national regime, a notification is requested for providing (within a publicly available 
telecommunications network): fixed telephony, mobile services, network capacity (including leased lines), or any 
other telecommunications service which requires allocation of capacity from numbering plan for telephony. An 
individual licences is requested for providing fixed telephony, mobile services, network capacity (including 
leased lines) if the activity is considered to be of a "considerable scope" ("for maintaining efficient 
telecommunications and competition in the Swedish market") with regard to the area covered, the number of 
users, or other comparable factors. The national licence/notification regime does not make any distinction 
between local/long distance and international. 
2 Long distance voice service operators allowed to provide local/international voice services are included. 
3 The main operators are Tele2, TeleNordia and Europolitan. 
4 Source: Tarifica 1997. 
5 With a minimum of 5735 ECU. 
6 Depending if total turnover is over or under 344000 ECU. 
7 Two licences recalled at companies request. 
8 In local currency (SEK/100): (l) local level: 9,6 per min.; (2) single transit: 14,9 per min.; (3) double transit: 40,6 
per min. 
73 
UNITED KINGDOM 
TELECXJMMUMCATIONS MARKET 
percapita 1997 GDP' at current market prices (PPS) 99,5 (EU.100) 
telecoms services market value (1997; MECU) 20633 
per capita telecoms expenditure (1997; ECU) 350 (EUaverage: 376) 
telecoms services market value growth 1998/97 7,2 % (EU average: 8,2) 
cellular mobile subscribers per 100 inhabitants (1997) 14,1 (EU average: 13) 
telephone lines per 100 inhabitants (1996) 52,3 
pssissssssssssssssssssssssgsssssssssssssaBsss^ 
PUBLIC VOICE TELEPHONY OPERATORS/SERVICE PRO VIDERS 
(according to the licences granted) 
Publicfixed local1 «incumbent: British Telecom (BT) (100% private owned) (+ Kingston) 
voice BT market share: .1994/5:94% .1995/6: 92% .1997: 89% 
telephony • altemative operators: 
oCATV2: 140 
o others: 32 licences (9 companies operating) 
. total altemative operators market share (1997): 11% 
long • incumbent: British Telecom 
distance market share: • 1994/5:84% • 1995/6:81% • 1997:78% 
• altemative operators: 32 licences (9 companies operating) K 
1997 market share: o C&WC (Mercury): 10% I 
o others: 12% I 
international3 incumbent: British Telecom I 
market share: • 1994/5: 71% • 1995/6:69,6% • 1997: 58% 
• altemative operators: 63 licerices (about 10 companies operating) 
1997 market share: o C&WC (Mercury): 14% 
o WorldCom: 9% 
o others: 19% 
Public analogue • incumbent: Cellnet (60% BT) 
mobile voice * altemative operators: 1 (Vodafone) 
telephony GSM900 • incumbent: Cellnet 
• altemative operators: 1 (Vodafone) 
DCS 1800 2 operators Orange + one2one (50% C& WC) 
total mobile © Vodafone • 1995: 46% • 1996: 43% • 1997: 38% 
market share4 © Cellnet .1995:44% .1996:42% .1997:36% 
o Orange • 1997: 14 % 
o one2one » 1997: 12 % » 
74 
I PUBLIC NETWORKOPERATORS 
(according to the licences granted) 
localloop5 172 licences + BT (included 140 cable franchise licences which are divided 
between 8 company operating) 
trunk connections 32 licences + BT (companies operating: BT+9) 
crossborder connections3 63 licences + BT (companies operating: BT+about 10) 
% OF CONSUMERS WTTHCHOICE OF OPERATORS/CARRIER SELECTION 
Public fixed voice telephony 
carrier selection in place • long-distance: yes • intemational: yes 
number portability in place yes 
localcalls •territory: notavailable • households6: 46% 
long-distance/intemational calls «territory: 100% « households: 100% 
Public mobile voice telephony 
analogue/ GSM 900 • territory: not available • population: 98% 
DCS 1800 • territory: not available • population: more than 90% 
^——- '•'"• ' ••———• —^—!!•!••••• —L—— II •• I .1 I ! ! I I I II •••••• ! • . • •-• . 
INCUMBENT'S RETAIL PRICES 
Public fixed voice telephony (ECU/100) 
bi-monthly rental 
local calls 
long-distance calls 2663 
• 3 minutes: 18 
• 3 minutes: 36 • 10 minutes: 60 
• 10 minutes: 118,6 
National Ieased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 1801 
• connection: 13855 • monthly rental 50 km: 334 
• monthly rental 50 km: 1984 • monthly rental 250 km: 650 
• monthly rental 250 km: 5737 
International leased-lines (ECU) 
analogue (3,1 kHz) 
digital (2Mbit/s) • connection: 1365 
• connection: 24542 
Average time for delivery leased lines 
(analogue/2Mbit/s) by the incumbent • nearest EU7: not available 
• nearest EU7: not available 
• national: 23,5 working days • furthest EU: 1660 
• furthest EU: not available 
• international: 15,3 working days 
LICENCE FEES 
Public fixed voice telephony licence fees (ECU) 
services/ local/regional •up-front: 18763 •annualfees: 15011 
infrastructure long distance • up-front: 60043 •annualfees8:30021 
(public network) intemational •up-front: 10507 •annual fees: 12008 
Public mobile telephone services licence fees (ECU) 
analogue/GSM 900/DCS 1800 •up-front: 55540 • renewal fees: 52537 
Average time for granting individual licences approx. 6 weeks 
Individual licence applications pending/refused •pending: 60 •refused: 8 since 1991 
75 
PUBLIC NETWORK INTERCONNECTION 
Interconnection agreements9 
fixed-mobile 
fixed-fixed 
mobile-mobile 
NRA arbitration 
Access deficit charge to be paid to the incumbent 
Universal service contribution in place 
Interconnection charges 
fixed-fixed 
networks I/C 
charges10 
mobile-fixed 
networks I/C 
charges local level 
single transit (metropolitan) 
double transit (national) 
local level 
single transit (metropolitan) 
double transit (national) 24 
200 
8 
7 
none 
none 
ECU/100 per min. 
0,64 
0,91 
1,74 
0,64 
0,91 
1,74 
% difference between fixed-fixed and mobile-fixed I/C charges deviation from "best current practice" 
none 
none 
none 
none 
none 
none 
local /single/ double transit: none 
1 Long distance voice service operators allowed to provide-local voice services are included. 
2 The 140 individual licences are held between 8 Multiple System Operators. 
3 Intemational Facilities Licences. 
4 Total mobile voice telephony market share (analogue, GSM 900, DCS 1800). 
5 Trunk operators allowed to provide local loop are included 
6ITC broadband homes passed divided by 1991 Census GB household (+2% for Northern Ireland). 
7 Tariffs to Ireland are distance dependent. 
8 But not more than 0,08% of turnover. 
9 Oftel estimates 
10 In local currency (£/100): (l) local level: 0,434 per min.; (2) single transit: 0,618 per min.; (3) double transit 
(>200km): 1,177 per min. 
76 


ISSN 0254-1475 
C0M(98) 80 final 
DOCUMENTS 
EN 15 16 17 10 
Catalogue number : CB-CO-98-101-EN-C 
ISBN 92-78-31262-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg