[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 6.2.2006

SEC(2006) 86

COMMISSION STAFF WORKING DOCUMENT

Annexes accompanying the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on Market reviews under the EU Regulatory Framework- Consolidating the internal market for electronic communications {COM(2006) 28 final}

ANNEX I |

Competition / Regulation |

Market 1: Access to the public telephone network provided at a fixed location for residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Carrier (Pre) Selection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

*Refinement, broader/narrower market and/or merger of markets |

**Imposition of WLR |

*** Universal service-based price control obligation only |

**** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 1: Access to the public telephone network at a fixed location for residential customers Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0009 and UK/2003/0010 | 2 segments defined: (i) residential retail analogue exchange line services and (ii) residential retail ISDN2 exchange line services. | UK (excluding the Hull area) and the Hull area | BT and Kingston | 1 - Non-discrimination | The Commission made a comment on: Markets defined more narrowly than in the Recommendation: A broader market definition, in line with the Recommendation, is not likely to lead to a different SMP outcome. Therefore the conclusion on the exact scope of the markets is not relevant. |

2 - Publication of charges, terms and conditions of supply |

3 - BT only: annual ceiling for charges equivalent to RPI increase |

4 - BT only: cost-accounting in respect of residential analogue access |

FI/2003/0020 | Similar to the Recommendation. | Regional | 43 regional operators | 1 - Users' right to a connection to fixed telephone network | The Commission made a comment on: Remedies at retail level: No further obligations are imposed on the SMP operators at retail level in addition to CS/CPS and other non-SMP obligations based on the Universal Service Directive. NRA should assess the impact of regulation at wholesale level and of CS/CPS on the market and consider additional regulation at retail level. |

2 - Obligation to publish standard agreement terms and tariff information on services |

3 - User's right to pre-selection / carrier pre-selection |

PT/2004/0053 and PT/2004/0091 | Similar to the Recommendation. | National | PT Group | 1 - Transparency | The Commission made a comment on: Wholesale line rental: Wholesale line rental is an appropriate remedy to address the lack of competition in the relevant retail market. The need for Wholesale Line rental should decrease, as competitors to the incumbent invest in their infrastructure. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

5 - Carrier(Pre)Selection |

6 - Price affordability |

7 - Wholesale line rental |

AT/2004/0109 | Similar to the Recommendation. | National | Telekom Austria | 1 - Carrier(Pre)Selection | No comments made by the Commission. |

2 - Wholesale line rental |

3 - Non-discrimination |

4 - Accounting separation |

5 - Cost orientation and cost accounting |

6 - Ex ante approval of end-users tariffs |

SE/2004/0112 | Similar to the Recommendation. | National | TeliaSonera | 1 - Wholesale line rental (including reference offer and price regulated on a retail minus basis) | No comments made by the Commission. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Carrier(Pre)Selection, also in respect of access supplied via Wholesale line rental to another operator |

5 - Obligation to supply calls not covered by carrier pre-selection (freephone, emergency, premium rate calls) |

6- Provision of unbundled broadband access (no requirement to purchase telephone subscription) |

HU/2005/0130 | Similar to the Recommendation. Includes public payphones. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made a comment on: Remedies imposed at retail level prior to analysing the corresponding wholesale markets: Retail market remedies are supposed to be imposed after it has been recognised that remedies imposed on the wholesale market do not provide for effective competition. When carrying out the review of the relevant wholesale markets, the NRA should assess the effectiveness of remedies imposed at wholesale level in addressing market failures in the relevant retail market. |

2 - Not to increase prices in excess to the consumer price index. |

IE/2005/0158 | Access for residential and non-residential customers are included in one market. Lower narrowband access (PSTN, FWA, ISDN) and higher narrowband access (ISDN2 and ISDN30) are in different markets. | National | Eircom | 1 - Carrier (Pre) Selection and Wholesale Line Rental, including price control in the form of retail minus | The Commission made a comment on: Further consultations planned by ComReg on details of cost accounting and accounting separation are required to be notified to the Commission. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6- Cost orientation and cost accounting |

7 - Not to unreasonably bundle services |

SK/2005/0172 | Similar to the Recommendation. | National | Slovak Telecom | 1 - Carrier(Pre)Selection | The Commission made comments on: Proper national consultation on each draft measure when the measure has a significant impact on the relevant market. Give all interested parties the opportunity to comment on draft measures. Implementation of price control and cost accounting: Details on the implementation of price control and cost accounting have to be specified in the final measure. Reference to Art. 17(4) of the Universal Service Directive. Implementation of cost orientation related to CS/CPS: The Commission pointed out that cost orientation on CS/CPS should be implemented with an appropriate cost accounting method. |

2 - Price control (not allowed to charge unreasonably high or low prices) |

3 - Non-discrimination |

4 - Prohibition of bundling of products |

DK/2005/0183 | Similar to the Recommendation. | National | TDC | 1 - Carrier(Pre)Selection | No comments made by the Commission. |

2 - Price regulation (due to the Universal service obligations) |

FR/2005/0221 | Similar to the Recommendation. | Metropolitan France, overseas territories and Mayotte (except the territory of Saint-Pierre-et-Miquelon) | France Télécom | 1 - Carrier (Pre) Selection and Wholesale Line Rental | The Commission made a comment on: Remedies and next market review: ARCEP is invited to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

2- Non discrimination |

3 - Prohibition of abusive bundling of access and call products |

4 - Prohibition of excessive or predatory pricing |

5 - Ex ante tariff information vis-a-vis the NRA |

6 - Accounting separation |

SI/2005/0231 | Similar to the Recommendation. | National | Telekom Slovenije | 1- Non-discrimination | The Commission made comments on: Remedies at retail level: When carrying out the forthcoming review of the corresponding relevant wholesale market, it is necessary to assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures at retail level. Obligation to provide ADSL services not only to end-users who subscribe also to ISDN: The remedy imposed (non-discrimination) would be more appropriate if it included a general prohibition to oblige end-users of fixed access products to subscribe to a particular type of access product under any circumstances unless it is technically necessary for the provision of a given service. |

2- Prohibition of excessive price and cost orientation |

3- Cost accounting |

Market 2: Access to the public telephone network |

provided at a fixed location for non residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Carrier (Pre) Selection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

* Refinement, broader/narrower market and/or merger of markets |

** Imposition of WLR |

*** Universal service-based price control obligation only |

**** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 2: Access to the public telephone network at a fixed location for non-residential customers Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0009 and UK/2003/0010 | 3 segments defined: (i) business retail analogue exchange line services; (ii) business retail ISDN2 exchange line services and (iii) business retail ISDN30 exchange line services. | UK (excluding the Hull area) and the Hull area | BT and Kingston | 1 - Non-discrimination | The Commission made a comment on: Markets defined more narrowly then in the Recommendation: A broader market definition, in line with the Recommendation, is not likely to lead to a different SMP outcome. Therefore the conclusion on the exact scope of the markets is not relevant. |

2 - Publication of charges, terms and conditions of supply |

3- BT only: annual ceiling for charges equivalent to RPI increase |

FI/2003/0021 | Similar to the Recommendation. | Regional | 43 regional operators | 1 - Users' right to a connection to fixed telephone network | The Commission made a comment on: Remedies at retail level: No further obligations are imposed on the SMP operators at retail level in addition to CS/CPS and other non-SMP obligations based on the Universal Service Directive. NRA should assess the impact of regulation at wholesale level and of CS/CPS on the market and consider additional regulation at retail level. |

2 - Obligation to publish standard agreement terms and tariff information on services |

3 - User's right to pre-selection / carrier pre-selection |

PT/2004/0054 and PT/2004/0091 | Similar to the Recommendation. | National | PT Group | 1 - Transparency | The Commission made a comment on: Wholesale line rental: Wholesale line rental is an appropriate remedy to address the lack of competition in the relevant retail market. The need for Wholesale Line rental should decrease, as competitors to the incumbent invest in their infrastructure. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

AT/2004/0110 | Similar to the Recommendation. | National | Telekom Austria | 1 - Carrier(Pre)Selection | No comments made by the Commission. |

2 - Wholesale line rental |

3 - Non-discrimination |

4 - Accounting separation |

5 - Cost orientation |

6 - Ex ante approval of end-users tariffs |

SE/2004/0113 | Similar to the Recommendation. | National | TeliaSonera | 1 - Wholesale line rental (including reference offer and price regulated on a retail minus basis) | No comments made by the Commission. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Carrier(Pre)Selection, also in respect of access supplied via WLR to another operator |

5 - Obligations to supply calls not covered by carrier pre-selection (freephone, emergency, premium rate calls) |

6- Provision of unbundled broadband access (no requirement to purchase telephone subscription) |

HU/2005/0131 | Similar to the Recommendation. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made a comment on: Remedies imposed at retail level prior to analysing the corresponding wholesale markets: Retail market remedies are supposed to be imposed after it has been recognised that remedies imposed on the wholesale market do not provide for effective competition. When carrying out the review of the relevant wholesale markets, the NRA should assess the effectiveness of remedies imposed at wholesale level in addressing market failures in the relevant retail market. |

2 - Not to increase prices in excess to the consumer price index. |

IE/2005/0159 | Access for residential and non-residential customers are included in one market. Lower narrowband access (PSTN, FWA, ISDN) and higher narrowband access (ISDN2 and ISDN30) are in different markets. | National | Eircom | 1 - Carrier (Pre) Selection and Wholesale Line Rental, including price control in the form of retail minus | The Commission made a comment on: Further consultations planned by ComReg on details of cost accounting and accounting separation are required to be notified to the Commission. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

7 - Not to unreasonably bundle services |

SK/2005/0173 | Similar to the Recommendation. | National | Slovak Telecom | 1 - Carrier(Pre)Selection | The Commission made comments on: Proper national consultation on each draft measure when the measure has a significant impact on the relevant market. Give all interested parties the opportunity to comment on draft measures. Implementation of price control and cost accounting: Details on the implementation of price control and cost accounting have to be specified in the final measure. Reference to Art. 17(4) of the Universal Service Directive. Implementation of cost orientation related to CS/CPS: The Commission pointed out that cost orientation on CS/CPS should be implemented with an appropriate cost accounting method. |

2 - Price control (not allowed to charge unreasonably high or low prices) |

3 - Non-discrimination |

4 - Prohibition of bundling of products |

DK/2005/0184 | Similar to the Recommendation | National | TDC | 1 - Carrier(Pre)Selection | No comments made by the Commission. |

2 - Price regulation (due to the Universal service obligations) |

FR/2005/0222 | Similar to the Recommendation. | Metropolitan France, overseas territories and Mayotte (except the territory of Saint-Pierre-et-Miquelon) | France Télécom | 1 - Carrier (Pre) Selection and Wholesale Line Rental | The Commission made a comment on: Remedies and next market review: ARCEP is invited to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

2- Non-discrimination |

3 - Prohibition of abusive bundling of access and call products |

4 - Prohibition of excessive or predatory pricing |

5 - Ex ante tariff information vis-a-vis the NRA |

6 - Accounting separation |

SI/2005/0231 | Similar to the Recommendation. | National | Telekom Slovenije | 1- Non-discrimination | The Commission made comments on: Remedies at retail level: When carrying out the forthcoming review of the corresponding relevant wholesale market, it is necessary to assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures at retail level. Obligation to provide ADSL services not only to end-users who subscribe also to ISDN: The remedy imposed (non-discrimination) would be more appropriate if it included a general prohibition to oblige end-users of fixed access products to subscribe to a particular type of access product under any circumstances unless it is technically necessary for the provision of a given service. |

2- Prohibition of excessive price and cost orientation |

3- Cost accounting |

Market 3: Publicly available local and/or national telephone services |

provided at a fixed location for residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Carrier (Pre) Selection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

* Refinement, broader/narrower market and/or merger of markets |

** On local calls. No SMP for national calls. |

*** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 3: Publicly available local and/or national telephone services provided at a fixed location for residential customers Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

3 - BT only: price control implying price freeze (adjusted for inflation) |

4 - BT only: cost accounting |

3 - Cost orientation (for geographic numbers only) and cost accounting |

4 - Accounting separation |

5 - Price affordability (geographic numbers only) |

6 -Numbering plan (non-geographic service numbers only) |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

3 - Ex ante tariff information vis-a-vis the NRA |

Market 4: Publicly available international telephone services |

provided at a fixed location for residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Carrier (Pre) Selection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

Austria | YES | NO SMP FOUND |

Finland | YES | NO SMP FOUND** |

*Refinement, broader/narrower market and/or merger of markets |

** At a prior notification the Commission issued a Veto on the Non-SMP-finding |

*** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 4: Publicly available international telephone services provided at a fixed location for residential customers Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0007, UK/2003/0008 and UK/2003/0045 | Separation (i) a market with competitive input at wholesale level ("category A") and (ii) many markets on a route-by-route basis with non-competitive input at wholesale level ("Category B"). Operator-assisted calls are not included (together with national calls a separate market, see market 3). | Separate markets: Hull area and UK outside Hull | Hull: Kingston; UK outside Hull: BT | 1 - Non-discrimination | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: The Commission stresses the fact that any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Markets defined more narrowly than in the Recommendation on relevant markets: Oftel defined retail narrowband markets more narrowly than in the Recommendation. However, a broader market definition along the lines of the Recommendation on relevant markets is not likely to lead to a different result of the SMP analysis. Consequently, a conclusion on the exact scope of the markets is not relevant in this specific context for the purposes of SMP assessment. Finding of SMP in the IDD calls markets: Oftel does not have sufficiently detailed market share information to calculate both residential and business market shares in each of the relevant IDD calls markets. However, the Commission considers the other, non market- share-related assumptions made regarding the finding of significant market power to be convincing. In any event, in this particular case, the Commission does not consider that any measure concerning these markets would affect trade between Member States. |

2 - Transparency |

3 - BT only: price control implying price freeze (adjusted for inflation) |

4 - BT only: cost accounting |

FI/2003/0024 | Similar to the Recommendation. | National | No SMP | No remedies imposed | The Commission vetoed the draft measure based on: Lack of evidence to support the finding of the absence of SMP: Ficora has submitted neither sufficient facts nor sufficient reasoning to rebut the presumption of dominance in the presence of a market share in excess of 50%.Ficora failed to provide 1) any market data related to the exact degree of changes in market shares over the past years, 2) market data related to price levels and 3) market data related to other factors which are relevant to the assessment of market power. Lack of consideration of existing remedies: Ficora did not justify its conclusions in light of existing regulatory obligations, and did not consider what the outcome of the market analysis is likely to be in the absence of such obligations. Conversely, Ficora did not consider how the justification for existing regulatory obligations, which are imposed on undertakings in the same or other closely related markets, and which may have a substantial competitive effect on markets for publicly available international telephone services provided at a fixed location, would be affected by the conclusions of its market analyses. |

FI/2005/0201 | Similar to the Recommendation. | National | No SMP | No remedies imposed | No comments made by the Commission. |

PT/2004/0057 and PT/2004/0091 | Similar to the Recommendation. | National | PT Group | 1 - Transparency | No comments made by the Commission. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

AT/2004/0125 | Similar to the Recommendation. Public payphones and calling cards included. | National | No SMP: decreasing market share of the incumbent, low entry barriers | No remedies imposed | No comments made by the Commission. |

HU/2005/0133 | Similar to the Recommendation. Public payphones and prepaid cards included. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made comments on: Consideration of additional retail remedies: In view of the continuing high market shares of the incumbents and their relatively high retail prices compared to EU best practices, the Commission invites NHH to consider whether the notified remedies (CS/CPS) over a given period are sufficient to address the market failure in the four retail calls markets under review. Remedies imposed at retail level prior to analysing the corresponding wholesale markets: The Commission reminds NHH that it should assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures in the relevant retail markets. Should this review lead to a need to amend the retail remedies, particular attention should be paid to the possibility of a price or margin squeeze? |

SE/2005/0147 | Notification withdrawn by the NRA. |

SE/2005/196 | Similar to the Recommendation. Explicitly includes IP-Telephony. | National | No SMP found, due to regulation in the wholesale and retail access markets | No remedies imposed | The Commission made a comment on: Inclusion of IP-telephony in the notified markets: PTS has included IP-telephony in the notified markets without supporting this conclusion by a substitutability analysis. When assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. |

IE/2005/0161 | Residential and non-residential in one market, public cell phones excluded. | National | Eircom | 1 - Carrier Access and Carrier (Pre) Selection | The Commission made a comment on: Further consultations planned by ComReg: on details of cost accounting and accounting separation: Possible further measures must be notified to the Commission. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

FR/2005/0224 | VoiP calls offered by access providers ("managed VoiP") are included, VOIP calls by non-access providers are not included. | Metropolitan France and overseas territories except for the territory of Saint-Pierre-et-Miquelon | France Télécom | Remedies only for PSTN calls, no remedies for VOIP calls | The Commission made comments on: Inclusion of managed IP-telephony in the notified calls markets: The Commission recalls that, when assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. The Commission believes that, in the present case the inclusion of managed IP-telephony (VoB) in the relevant retail calls markets is not inconsistent with the Recommendation. Remedies and next market review: The Commission considers that the decision not to extend PSTN obligations to VoB is justified. The Commission notes the existing wholesale remedies on markets 11 and 12 as well as ARCEP’s commitment to monitor this part of the retail markets closely for any anti-competitive practices and considers that should such practices occur, ARCEP has the right and the obligation to intervene as appropriate. The Commission invites ARCEP to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

1 - Prohibition of abusive bundling of access and call products |

2 - Prohibition of excessive or predatory pricing |

3 - Ex ante tariff information vis-a-vis the NRA |

4 - Accounting separation |

5 - Price control on fixed to mobile calls |

6 - Non-discrimination |

Market 5 : Publicly available local and/or national telephone services |

provided at a fixed location for non-residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Carrier (Pre) Selection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

*Refinement, broader/narrower market and/or merger of markets |

** On local calls. No SMP for national calls. |

*** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 5: Publicly available local and/ or national telephone services provided at a fixed location for non - residential customers Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0007, UK/2003/0008 | Separation between local, national, calls to mobile phones and operator-assisted calls. | UK excluding Hull area and Hull area | Hull: Kingston; UK excluding Hull: BT | 1 - Non-discrimination | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: The Commission stresses the fact that any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Markets defined more narrowly than in the Recommendation on relevant markets: Oftel defined retail narrowband markets more narrowly than in the Recommendation on relevant markets. However, a broader market definition is not likely to lead to a different result of the SMP analysis. Consequently, a conclusion on the exact scope of the markets is not relevant in this specific context for the purposes of SMP assessment. |

2 - Transparency |

3 - BT only: price control implying price freeze (adjusted for inflation) |

4 - BT only: cost accounting |

UK/2004/0045 (further amended by cases UK/2005/0217-0218) | See Case UK/2003/0007-0008 | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/0007-0008). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

FI/2003/0025 and FI/2003/0026 | Local and national calls are included in separate markets. | National calls : national market; local calls: regional markets | Local calls: SMP for 43 regional operators. No SMP found for national calls. | On local calls: | The Commission made comments on: Relationship between existing regulation and finding of lack of SMP (national calls): The Commission invites Ficora to consider what the competitive conditions in the defined markets would be like in the absence of an obligation to provide CS, CPS or their equivalent. The Commission also prompts Ficora to make explicitly clear in their final measures whether its findings rely principally on the existing regulatory obligations (i.e. CS and CPS for all types of calls) imposed as a result of a finding of SMP in the retail access and local calls markets. Remedies at retail level (local calls): Ficora does not impose any further regulatory obligations on SMP undertakings at retail level, in addition to CS/CPS and other non-SMP obligations based on the Universal Service Directive. Therefore, the Commission has doubts as to whether the notified remedies over a given period are sufficient to remedy potential market failure at retail level and, in view of the continuing high market shares, recommends that Ficora also consider appropriate additional regulatory measures at the retail level. |

1 - Users' right to a connection to fixed telephone network |

2 - Obligation to publish standard agreement terms and tariff information on services |

3 - User's right to pre-selection / carrier pre-selection |

PT/2004/0056, PT/2004/59 and PT/2004/0091 | Broadly similar to the Recommendation. Additionally, includes a market for non-geographic (service) numbers. This additional market includes both residential and non-residential customers. | National | PT Group | 1 - Transparency | No comments made by the Commission. |

2 - Non-discrimination |

3 - Cost orientation (geographic numbers only) and cost accounting |

4 - Accounting separation |

5 - Price affordability (geographic numbers only) |

6 -Numbering plan (non-geographic service numbers only) |

AT/2004/0126 | Similar to the Recommendation. | National | Telekom Austria | 1 - Price control / Cost orientation | No comments made by the Commission. |

2- Accounting Separation |

HU/2005/0134 | Similar to the Recommendation. Public payphones and prepaid cards included. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made comments on: Consideration of additional retail remedies: In view of the continuing high market shares of the incumbents and their relatively high retail prices compared to EU best practices, the Commission invites NHH to consider whether the notified remedies (CS/CPS) over a given period are sufficient to address the market failure in the four retail calls markets under review. Remedies imposed at retail level prior to analysing the corresponding wholesale markets: The Commission reminds NHH that it should assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures in the relevant retail markets. Should this review lead to a need to amend the retail remedies, particular attention should be paid to the possibility of a price or margin squeeze? |

SE/2005/0148 | Notification withdrawn by the NRA |

SE/2005/197 | Similar to the Recommendation. IP-Telephony explicitly included. | National | No SMP | No remedies imposed | The Commission made a comment on: Inclusion of IP-telephony in the notified markets: PTS has included IP-telephony in the notified markets without supporting this conclusion by a substitutability analysis. When assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. |

IE/2005/0162 | No distinction between residential and non-residential markets. | National | Eircom | 1 - Carrier Access and Carrier (Pre) Selection | The Commission made a comment on: Further consultations planned by ComReg: The Commission reminds ComReg that draft measures relating to the details and implementation of accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Accounting separation |

6 - Cost orientation and cost accounting |

DK/2005/0208 | Similar to the Recommendation, VOIP excluded. | National | No SMP found: decreasing market share of the incumbent, falling prices, no significant entry barriers. | No remedies imposed | No comments made by the Commission. |

FR/2005/0225 | VoIP calls offered by broadband access providers ("managed VOIP") included in the product market. | Metropolitan France and overseas territories except for the territory of Saint-Pierre-et-Miquelon | France Télécom | Remedies only for PSTN calls, no remedies for VOIP calls | The Commission made comments on: Inclusion of managed IP-telephony in the notified calls markets: The Commission recalls that, when assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. The Commission believes that, in the present case the inclusion of managed IP-telephony (VoB) in the relevant retail calls markets is not inconsistent with the Recommendation. Remedies and next market review: The Commission considers that the decision not to extend PSTN obligations to VoB is justified. The Commission notes the existing wholesale remedies on markets 11 and 12 as well as ARCEP’s commitment to monitor this part of the retail markets closely for any anti-competitive practices and considers that should such practices occur, ARCEP has the right and the obligation to intervene as appropriate. The Commission invites ARCEP to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

1 - Prohibition of abusive bundling of access and call products |

2 - Prohibition of excessive or predatory pricing |

3 - Ex ante tariff information vis-a-vis the NRA |

4 - Accounting separation |

5 - Price control on fixed to mobile calls |

6 - Non-discrimination |

Market 6: Publicly available international telephone services |

provided at a fixed location for non-residential customers |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Carrier (Pre) Selection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

Finland | YES | NO SMP FOUND** |

*Refinement, broader/narrower market and/or merger of markets |

** At a prior notification the Commission issued a Veto on the Non-SMP-finding |

Overview of notifications assessed until 30 September 2005 |

Market 6: Publicly available international telephone services provided at a fixed location for non-residential customers Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0007 and UK/2003/0008 | Separation (i) a market with competitive input at wholesale level ("category A") and (ii) many markets on a route-by-route basis with non-competitive input at wholesale level ("Category B"). Operator-assisted calls are not included (together with national calls a separate market, see market 3). | Separate markets: Hull area and UK outside Hull | Hull area: Kingston; UK outside Hull: No SMP removal of existing obligations on BT | 1 - Non-discrimination | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: The Commission stresses the fact that any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Markets defined more narrowly than in the Recommendation on relevant markets: Oftel defined retail narrowband markets more narrowly than in the Recommendation. However, a broader market definition along the lines of the Recommendation on relevant markets is not likely to lead to a different result of the SMP analysis. Consequently, a conclusion on the exact scope of the markets is not relevant in this specific context for the purposes of SMP assessment. Finding of SMP in the IDD calls markets: Oftel does not have sufficiently detailed market share information to calculate both residential and business market shares in each of the relevant IDD calls markets. However, the Commission considers the other, non market- share-related assumptions made regarding the finding of significant market power to be convincing. In any event, in this particular case, the Commission does not consider that any measure concerning these markets would affect trade between Member States. |

2 - Transparency |

FI/2003/0027 | Similar to the Recommendation. | National | No SMP found | No remedies imposed | The Commission vetoed the draft measure based on: Lack of evidence to support the finding of the absence of SMP: Ficora has submitted neither sufficient facts nor sufficient reasoning to rebut the presumption of dominance in the presence of a market share in excess of 50%.Ficora failed to provide 1) any market data related to the exact degree of changes in market shares over the past years, 2) market data related to price levels and 3) market data related to other factors which are relevant to the assessment of market power. Lack of consideration of existing remedies: Ficora did not justify its conclusions in light of existing regulatory obligations, and did not consider what the outcome of the market analysis is likely to be in the absence of such obligations. Conversely, Ficora did not consider how the justification for existing regulatory obligations, which are imposed on undertakings in the same or other closely related markets, and which may have a substantial competitive effect on markets for publicly available international telephone services provided at a fixed location, would be affected by the conclusions of its market analyses. |

FI/2005/0202 | Similar to the Recommendation. | National | No SMP found | No remedies imposed | No comments made by the Commission. |

PT/2004/0058 and PT/2004/0091 | Similar to the Recommendation. | National | PT Group | 1 - Transparency | No comments made by the Commission. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Accounting separation |

AT /2005/0124 | Similar to the Recommendation. | National | TA | 1 - Cost orientation, ex-ante approval of tariffs | No comments made by the Commission. |

2 - Accounting separation |

HU/2005/0135 | Similar to the Recommendation. Public payphones and prepaid cards included. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Carrier(Pre)Selection | The Commission made comments on: Consideration of additional retail remedies: In view of the continuing high market shares of the incumbents and their relatively high retail prices compared to EU best practices, the Commission invites NHH to consider whether the notified remedies (CS/CPS) over a given period are sufficient to address the market failure in the four retail calls markets under review. Remedies imposed at retail level prior to analysing the corresponding wholesale markets: The Commission reminds NHH that it should assess the effectiveness of remedies to be imposed at wholesale level in addressing market failures in the relevant retail markets. Should this review lead to a need to amend the retail remedies, particular attention should be paid to the possibility of a price or margin squeeze? |

SE/2005/0146 | Notification withdrawn by the NRA. |

SE/2005/0198 | Similar to the Recommendation. Explicitly includes IP-Telephony. | National | No SMP found, due to regulation in the wholesale and retail access markets. | No remedies imposed | The Commission made a comment on: Inclusion of IP-telephony in the notified markets: PTS has included IP-telephony in the notified markets without supporting this conclusion by a substitutability analysis. When assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. |

IE/2005/0163 | Residential and non-residential in one market | National | Eircom | 1 - Carrier Access and Carrier (Pre) Selection | The Commission made a comment on: Further consultations planned by ComReg: The Commission reminds ComReg that draft measures relating to the details and implementation of accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Access obligation |

3 - Non-discrimination |

4 - Transparency |

5 - Cost orientation and cost accounting |

DK /2005/0194 | Similar to the Recommendation. VOIP excluded. | National | No SMP found: decreasing market share of the incumbent, falling prices, no significant entry barriers. | No remedies imposed | No comments made by the Commission. |

FR/2005/0226 | VoIP calls offered by access providers ("managed VOIP") are included, VOIP calls by non-access providers are not included into the market. | Metropolitan France and overseas territories except for the territory of Saint-Pierre-et-Miquelon | France Télécom | Remedies only for PSTN calls, no remedies for VOIP calls | The Commission made comments on: Inclusion of managed IP-telephony in the notified calls markets: The Commission recalls that, when assessing whether IP-telephony services are part of any of the markets for publicly available fixed telephony services, national regulatory authorities must examine - taking national circumstances into account - the objective characteristics, prices and intended use of the IP-telephony services, as well as their demand-side and supply side substitution with other fixed telephony services. The Commission believes that, in the present case the inclusion of managed IP-telephony (VoB) in the relevant retail calls markets is not inconsistent with the Recommendation. Remedies and next market review: The Commission considers that the decision not to extend PSTN obligations to VoB is justified. The Commission notes the existing wholesale remedies on markets 11 and 12 as well as ARCEP’s commitment to monitor this part of the retail markets closely for any anti-competitive practices and considers that should such practices occur, ARCEP has the right and the obligation to intervene as appropriate. The Commission invites ARCEP to ensure full, effective and appropriate enforcement of the obligations imposed in markets 8 to 12 within the shortest possible timeframe, and accordingly to commit reviewing the present market analysis following such enforcement, in any case at an earlier timing than the proposed 2008 review. |

1 - Prohibition of abusive bundling of access and call products |

2 - Prohibition of excessive or predatory pricing |

3 - Ex ante tariff information vis-a-vis the NRA |

4 - Accounting separation |

5 - Price control on fixed to mobile calls |

6 - Non-discrimination |

Market 7: Minimum set of leased lines |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Supply of minimum set | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

* Refinement, broader/narrower market and/or merger of markets |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 7: The minimum set of leased lines Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0035-0036, UK/2004/0123 (modification of remedies) | Retail low bandwidth traditional interface leased lines (up to & incl. 8 Mbps). | UK excluding Hull area and Hull area | BT (UK excluding Hull), Kingston (Hull) | 1- Supply minimum set of leased lines (BT & Kingston) | No comments made by the Commission. |

2 - Not to discriminate unduly (BT & Kingston) |

3 - Cost orientation and cost accounting (only on BT) |

4 - Publish reference offer (BT & Kingston) |

5- Publish information on delivery and repair times (BT & Kingston) |

UK/2004/0045 (further amended in UK/2005/0217-0218) | See Cases UK/2003/0035-0036. | 1 - Financial reporting obligations | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0077 | See Case UK/2003/0035. | 1 - Amendments to the interim charge control obligation imposed on BT | No comments made by the Commission. |

UK/2004/0123 | See Case UK/2003/0035. | Slight modification of the remedies already notified because of the establishment of the Telecommunications Adjudicator. | No comments made by the Commission. |

SE/2004/0048 | Similar to the Recommendation. | National | TeliaSonera | 1- Obligation to provide the minimum set of leased lines | No comments made by the Commission. |

2 - Non-discrimination |

3 - Cost orientation |

4 - Accounting separation |

5 -Requirement to publish a reference offer, delivery conditions and technical information |

FI/2004/0079 | Similar to the Recommendation. | Regional | 42 local operators | 1 - Obligation to provide the minimum set | The Commission made a comment on: Regulatory obligations reminding Ficora of the obligations set out in Annex VII of the Universal Service Directive requiring NRAs to ensure that the provision of the minimum set of leased lines referred to in Article 18 follows the basic principles of non-discrimination, cost orientation and transparency and asking Ficora to adapt its proposed remedies accordingly. |

AT/2004/0097 | Minimum set of retail leased lines + (i) all leased lines with a capacity of a multiple of 64 kbit/s up to an upper limit of 2048 bit/s; and (ii) unconnected copper double wire between network termination points, which have been leased by communications network and service operators | National | Telekom Austria | Minimum set of leased lines: | No comments made by the Commission. |

1 - Provision of a minimum set of leased lines |

2 - Cost orientation and cost accounting |

3 - Non discrimination |

4 - Publication of information with regard to the minimum set |

5 - Accounting separation |

Other leased lines: |

1 - Cost orientation |

2 - Approval of terms and conditions |

IE/2005/0137 | Similar to the Recommendation. | National | Eircom | 1 - Non discrimination | The Commission made a comment on: Further consultation planned by ComReg: the draft measures relating to the details and implementation of accounting separation and cost accounting obligations are required to be notified under Article 7(3) of the Framework Directive. |

2 - Cost orientation (pricing model based on fully distributed historic costs) |

3 - Transparency |

4 - Cost accounting and accounting separation |

PT/2005/0155 | Minimum set of retail leased lines + services supported by symmetric xDSL technologies with capacity ≤ 2 Mbps | National | PT Group | 1 - Non discrimination | No comments made by the Commission. |

2 - Transparency |

3 - Cost orientation and cost accounting |

HU/2005/0167 | Similar to the Recommendation. | National | Matáv | 1- Provision of the minimum set of leased lines based on non-discrimination and transparency principles | No comments made by the Commission. |

DK/2005/0177 | Similar to the Recommendation. | National | TDC | 1 - Non discrimination | No comments made by the Commission. |

2 - Transparency |

3 - Cost orientation and cost accounting (based on modified historic cost method) |

Market 8: Call origination on the public telephone network provided at a fixed location |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Access / interconnection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

* Refinement, broader/narrower market and/or merger of markets |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 8 - Call origination on the public telephone network provided at a fixed location Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0011-0012 | Similar to the Recommendation. | UK excluding Hull area and Hull area | BT (UK excluding Hull), Kingston (Hull) | 1- Provide network access on reasonable request | The Commission made comments on: Reliance on comments from parties other than the Commission and other NRAs: Any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. Flat rate Internet access call origination (FRIACO): The Commission emphasises that in addition to remedy the lack of competition in the market identified, unmetered wholesale products, like FRIACO, may also be used for the provision of retail services other than the provision of unmetered Internet access. |

2 - Non-discrimination |

3 - Cost orientation of charges and cost accounting |

4- Charge control |

5 - Transparency |

6 - Accounting separation |

7 - Carrier (Pre) Selection and indirect access in relation to call origination |

8 - Flat rate Internet access call origination (FRIACO) - only on BT |

UK/2004/0045 (further amended in UK/2005/0217-0218) | See Cases UK/2003/0011-0012. | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/0011-0012). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0071 | See Case UK/2003/0012. | Provision of a CPS local calls option service by BT Wholesale | No comments made by the Commission. |

UK/2004/0072 | See Case UK/2003/0012. | Modifications to the charge control obligation already imposed on BT in case UK/2003/0012. | No comments made by the Commission. |

UK/2004/0115 (amended by UK/2005/0180) | See Case UK/2003/0012. | Directions on BT's ability to use Cancel Other functionality (dispute resolution) | No comments made by the Commission. |

UK/2004/0122 | See Case UK/2003/0012. | Modifications to BT's charge control obligation (details of measurement of compliance) | No comments made by the Commission. |

UK/2005/0165 | See Case UK/2003/0012. | 1- Revised charge control | No comments made by the Commission. |

2 - Amendments to the requirement (i) not to unduly discriminate and (ii) to notify charges, terms and conditions. |

UK/2005/0166 | See Case UK/2003/0012. | 1 - Modifications to the amounts that BT can charge for providing CPS facilities | No comments made by the Commission. |

UK/2003/0013-0014 (wholesale exchange line markets) | Fixed narrowband wholesale exchange lines market: a new market. | UK excluding Hull area and Hull area | BT (UK excluding Hull), Kingston (Hull) | 1 - Wholesale line rental - only on BT | The Commission made comments on: Market definition for wholesale exchange line markets: The Commission stated that more consideration could have been given to assessing potential merchant wholesale demand and supply (i.e. demand from, and supply to, independent purchasers of wholesale exchange lines). Wholesale line rental (WLR): The Commission considers that WLR may also be imposed as a retail remedy in the retail access markets, since it serves to introduce additional sources of competition at that level. |

FI/2003/0028 | Similar to the Recommendation. | Regional | 46 local operators | Asymmetrical regulation between 4 groups of operators | The Commission made comments on: Geographic divide of the market for call origination: The Commission invites Ficora to monitor the development of the market for signs of a common pricing constraint which may permit the delineation of larger geographic markets in the future. Exemption from certain ex ante obligations: The imposition of different remedies on different operators within similarly defined markets should be adequately reasoned. To the extent that it would be considered disproportionate to impose costly cost orientation and cost accounting obligations on a small operator, the Commission is of the view that other forms of cost control for such operators, such as benchmarking against the larger operators who are under a cost orientation obligation, could be considered. Cost orientation and cost accounting obligations: The Commission expresses concerns on the approach not to specify the method on which cost-orientation will be assessed, which it believes will limit the measure’s contribution to consumer benefit, the enhancement of competition and the development of the internal market. |

1 - Access and interconnection |

2 - Publication of delivery terms and tariff information |

3 - Obligations concerning pricing and other terms (cost orientation and non discrimination) |

4 - Cost accounting |

5 - Accounting separation |

SE/2004/0049 | Similar to the Recommendation. | National | 1 - Obligation to meet reasonable request for interconnection (including via direct connections), network access, network capacity | No comments made by the Commission. |

2 - Cost orientation and cost accounting |

3 - Non-discrimination |

4 - Accounting separation |

5 - Transparency (reference offer) |

PT/2004/0060, PT/2004/0092 (remedies) | Similar to the Recommendation. | National | PT Group | 1 - Transparency - publication of a reference offer, prices, terms and conditions, technical information and relating to the quality of service | The Commission made a comment on: Asymmetrical application of remedies: The Commission invites the NRA to monitor closely the development of the cost structures of the operators on which the obligation to charge “fair and reasonable prices” is imposed and to assess whether its current assumptions on “fair and reasonable prices” will remain relevant over the period of the market review. |

2 - Non discrimination |

3 - Accounting separation |

4- Access on reasonable request |

5 - Cost orientation and cost accounting |

6- Price control |

SK/2004/0103 | Similar to the Recommendation. | National | Slovak Telekom | 1 - Transparency (publication of reference offer, technical specifications); | The Commission made comments on: CS/CPS obligation and non-imposition of cost orientation in the wholesale market for call origination: The Commission invites TÚSR to consider explicit imposition of cost orientation obligations in the wholesale call origination market. National public consultation: According to Article 6 of the Framework Directive NRAs must conduct a national consultation on each draft measure which have a significant impact on the relevant market, i.e. including the market definitions, and to give all interested parties the opportunity to comment on the draft measure. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Obligation to provide access to certain network components |

5 - Carrier selection/carrier pre-selection (CS/CPS) |

AT/2004/0105 | Similar to the Recommendation. | National | Telekom Austria | 1 - Non-discrimination | No comments made by the Commission. |

2 - Publication of a reference interconnection offer |

3 - Cost orientation and cost accounting |

4- Accounting separation |

5 - Access on reasonable request |

DK/2005/0141 | Wholesale access (connections) is included in the market for call origination on the public telephone network at a fixed location. | National | TDC | 1 - Access to i) wholesale call origination, ii) wholesale purchase of services for resale, iii) co-location | The Commission made a comment on: Inclusion of wholesale access connections in the product market definition: The Commission expressed doubts that wholesale access forms part of the wholesale origination market (market 8). Access services are not substitutes but rather complementary to call origination services. In addition, the Commission noted that the proposed remedies do not necessarily require the delineation of a separate access market, since they may be imposed in respect of the call origination market alone. |

2 - Cost orientation and cost accounting |

3 - Non-discrimination |

4 - Reference offer |

5 - Transparency |

6 - Accounting separation |

DK/2005/0205 (modification of a remedy) | See case DK/2005/0141. | 1 - Retail minus price regulation on Wholesale Line Rental | No comments made by the Commission. |

DE/2005/0143 (market analysis), DE/2005/0233 (remedies) | Three separate markets for wholesale call origination: i) call origination for carrier (pre-) selection services; ii) call origination for value-added services and iii) call origination for dial-up internet services. | National | DT AG | 1 - Access (including interconnection services, collocation) | The Commission made comments on: Remedies to be determined at a later stage: The Commission reminded RegTP of the need to notify remedies in accordance with Article 7(3) of the Framework Directive. Accounting separation: Given the risk of cross-subsidisation arising from the operations of a vertically- integrated company, the Commission invites BNetzA for the purposes of enhancing transparency and legal certainty to consider imposing accounting separation as a separate measure. |

2 - Non-discrimination |

3 - Price control (in relation to interconnection, conveyance and collocation) |

HU/2005/0151 | Similar to the Recommendation. | Regional | 5 regional operators: Matáv, Invitel Távközlési Szolgáltató, Hungarotel Távközlési, Emitel, Monor Telefon Társaság | 1 - Transparency (reference offer) | The Commission made a comment on: The obligation of cost orientation on the designated local incumbents: The Commission was not convinced that the fact that, Invitel, Hungarotel, Emitel and Monortel would be entitled to set their origination charges at a level which cannot exceed by more than 40% would effectively contribute to further decrease the relevant retail charges. |

2 - Accounting separation |

3 - Obligation related to access and interconnection |

4 - Price control and cost-accounting |

IE/2005/0190 | Similar to the Recommendation. | National | eircom | 1 - Transparency | The Commission made a comment on: Further consultation planned by ComReg: The Commission reminds that draft measures relating to the details and implementation of accounting separation, cost accounting and wholesale price caps are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Provision of access to and use of specific network elements and associated facilities on reasonable request |

4 - Price control and cost accounting |

5 – Accounting separation |

FR/2005/0227 | Similar to the Recommendation. Includes also non-switching based interconnection (mainly IP). | Territory of metropolitan France, the French over-seas territories and Mayotte | FT | 1 - Access to, and use of specific network facilities | No comments made by the Commission. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Cost orientation and cost accounting |

Market 9: Call termination on individual public telephone network provided at a fixed location |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Access / Interconnection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 9 - Call termination on individual public telephone network provided at a fixed location Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0003 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | BT Kingston 61 other alternative network operators ("ANO") | 1 - Provision of call termination on reasonable request (on all) | The Commission made a comment on: BT’s countervailing buyer power: The Commission notes that a detailed assessment of the competitive effects of obligations to be imposed on BT as a result of finding BT to have SMP is important for the finding that all other PECNs have SMP as well. |

2 - Cost orientation of call termination charges (LRIC) and cost accounting (on BT and Kingston) |

3 - Accounting separation (on BT and Kingston) |

4 - Non-discrimination (on BT and Kingston) |

5 - Publication of a reference interconnection offer (RIO) (on BT and Kingston) |

6 - Notification of new charges 90 days before changes become effective (on BT and Kingston) |

7 - Call termination charge control setting the annual ceiling for charges at retail price index (RPI) increases less 10% (RPI –10) (on BT) |

UK/2004/0045 (further amended by cases UK/2005/0217-0218) | See Case UK/2003/0003. | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/003). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0072 | See Case UK/2003/0003. | Modifications to BT's charge control obligation | No comments made by the Commission |

UK/2004/0122 | See Case UK/2003/0003. | 1 - Modifications to BT's charge control obligation (details of measurement of compliance) | No comments made by the Commission. |

UK/2005/0165 | See Case UK/2003/0003. | 1- Revised charge control | No comments made by the Commission. |

2 - Amendments to the requirement (i) not to unduly discriminate and (ii) to notify charges, terms and conditions. |

FI/2003/0029 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | 50 SMP operators | Asymmetrical regulation between 4 groups of operators | The Commission made comments on: Exemption from certain ex ante obligations: The impositions of different remedies on different operators within similarly defined markets should be adequately reasoned. To the extent that it would be considered disproportionate to impose costly cost orientation and cost accounting obligations on a small operator, the Commission is of the view that other forms of cost control for such operators, such as benchmarking against the larger operators who are under a cost orientation obligation, could be considered. Cost orientation and cost accounting obligations: The Commission expresses concerns on the approach not to specify the method on which cost orientation will be assessed, which it believes will limit the measure’s contribution to consumer benefit, the enhancement of competition and the development of the internal market. |

1 -Provision of interconnection |

2 - Publication of delivery terms and tariff information |

3 - Obligations concerning pricing and other terms (cost-orientation and non discrimination) |

4 - Cost accounting |

5 - Accounting separation |

IE/2004/0050 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | 22 SMP operators | 1 - Access and interconnection: meet reasonable request of access & interconnection (all operators); meet reasonable request for a direct billing agreement (all operators); meet reasonable request for interconnection via direct connections (TeliaSonera, Tele2, Telenor); meet reasonable request for access to network capacity (only TeliaSonera) | No comments made by the Commission. |

2 - Price regulation: cost oriented pricing (TeliaSonera); to charge reasonable & fair prices (others) |

3 - Non-discrimination |

4 - Accounting separation: accounting separation and obligation to submit separated accounts to PTS annually or on PTS' request (TeliaSonera, Tele2, Telenor); obligation to submit separated accounts to PTS on its request (others); |

5 - Transparency: publish reference offer (TeliaSonera); compile and publish information necessary for interconnection, direct connections and direct billing purposes (Tele2, Telenor); compile and publish information necessary for interconnection and direct billing agreements (others) |

PT/2004/0061, PT/2004/0092 (remedies) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | PT Group Cabovisão Coltel Jazztel Novis Telecom OniTelecom Refer Telecom Vodafone Telecel | 1 - Transparency | The Commission made a comment on: Asymmetrical application of remedies: The Commission invites ANACOM to monitor closely the development of the cost structures of the operators on which the obligation to charge “fair and reasonable prices” is imposed and to assess whether its current assumptions on “fair and reasonable prices” will remain relevant over the period of the market review. |

2 - Non Discrimination |

3 - Accounting separation |

4 - Access on reasonable request |

5 - Cost orientation and cost accounting |

SK/2004/0102, SK/2005/0187 (further details of a remedy) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Slovak Telecom | 1 - Transparency (technical specifications) | The Commission made comments on: Implementation of the proposed cost orientation obligation in the call termination market: The Commission invited TÚSR to notify pursuant to Article 7(3) of the framework Directive these implementing draft measures setting out the timeframe and stages applicable for the reduction of termination charges. By notification SK/2005/0182 TÚSR notified these measures. National public consultation: According to Article 6 of the Framework Directive NRAs must conduct a national consultation on each draft measure which has a significant impact on the relevant market, i.e. including the market definitions, and to give all interested parties the opportunity to comment on the draft measure. |

2 - Non-discrimination ; |

3 - Transparency |

3 - Accounting separation |

4 - Obligation to provide access to certain network components |

5 - Cost orientation based on LRAIC |

AT/2004/0106 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Telekom Austria AG Information-Technologie Austria GmbH Colt Telecom Austria GmbH Tele.ring Telekom Service GmbH Telekabel Wien GmbH eTel Austria AG Equant Austria GmbH UTA Telekom AG LIWEST Kabelmedien GmbH | Telekom Austria: | No comments made by the Commission. |

1 - Non Discrimination |

2 -Publication of a Reference Interconnection Offer (“RIO”) |

3 -Accounting separation |

4 -Access on reasonable request |

DE/2005/0144 (market analysis), | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | No SMP for alternative networks operators ("ANO"s) because of claimed countervailing buyer power by DT AG | The Commission vetoed the draft measures concerning ANOs: No justification for the considered strict Greenfield approach: Any Greenfield approach must ensure that absence of SMP is only found and regulation only rolled back where markets have become sustainably competitive, and not where the absence of SMP is precisely the result of the regulation in place. This implies that regulation which will continue to exist throughout the period of the forward-looking assessment independently of a SMP finding on the market concerned, must be taken into account. No convincing evidence of absence of SMP under the so-called “modified Greenfield approach”: RegTP asserts that DTAG’s buyer power limits the ability of each ANO to behave independently of its customers and competitors (at the retail level). RegTP does, however, not present concrete evidence that DTAG has effectively exercised such buyer power. In view of DTAG’s own termination rates being regulated and given that it cannot realistically threaten to stop purchasing termination services, DTAG would therefore be deprived of any bargaining tool in the form of a corresponding increase in its own tariffs when negotiating termination rates on that ANO’s network. For the above reasons, the Commission considers that also under the modified Greenfield approach, RegTP has not provided convincing evidence to support the absence of SMP of each ANO. No analysis of ANOs’ market power vis-à-vis each other and vis-à-vis MNOs: RegTP has limited its SMP analysis for ANOs mainly to an analysis of negotiation powers between DTAG and each of the ANOs. However, it appears that a number of direct interconnection agreements between ANOs exist and. An analysis of these agreements could have provided further information on the market power of ANOs. |

DE/2005/0234 (remedies) | DT AG | DT AG: | Commission made comments on: Remedies to be determined at a later stage: The Commission reminded RegTP of the need to notify remedies in accordance with Article 7(3) of the Framework Directive. Accounting separation: Given the risk of cross-subsidisation arising from the operations of a vertically- integrated company, the Commission invites BNetzA for the purposes of enhancing transparency and legal certainty to consider imposing accounting separation as a separate measure. |

1 - Access (including interconnection services, collocation) |

2 - Non-discrimination |

3 - Price control (in relation to interconnection, conveyance and collocation) |

DE/2005/0239 (market analysis, renotification following a veto in case DE/2004/0144) | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | 52 ANOs | Remedies not yet notified | No comments made by the Commission. |

HU/2005/0152 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | Matáv Invitel Hungarotel Emitel Monortel Pantel GTS Datanet BT | Matáv, Inivitel, Hungarotel, Emitel and Monortel: | The Commission made a comment on: The obligation of cost orientation on the designated local incumbents: The Commission is not fully convinced that allowing for the four local incumbents to charge 40% higher termination charges than Matáv (and therefore, the possibility for not submitting a LRIC-based cost model) would effectively contribute to further decrease the relevant wholesale charges. |

1 - Transparency ( reference offer) |

2 - Accounting separation |

3 - Access and interconnection |

4 - Price control (4 operators are authorised to set their termination charges up to 40% higher than the level of the termination charges of Matáv) |

5 - Cost accounting |

Pantel, GTS Datanet and BT: |

1 – Transparency |

2 - Non discrimination |

DK/2005/0171 | Notification withdrawn by the NRA |

DK/2005/0207 | Operator-specific relevant markets. The market definition includes dial-up internet calls to geographic numbers on PSTN or ISDN with a speed of up to 128 Kbit/s. | Geographic coverage of each network = geographic extent of each relevant market | TDC TeliaSonera Sonofon Consorte Danmark Tele2 Colt Telecom | TDC: | The Commission made a comment on: Asymmetric application of remedies: Where it is intended to impose different remedies on different operators within similarly defined markets, the asymmetrical application of remedies should be adequately reasoned. The Commission is of the view that NITA has not duly substantiated its intended decision not to impose certain obligations on the ANOs, e.g. non-discrimination. Consequently, the Commission would invite NITA to reconsider its position on this matter. |

1- Access (requirement to provide network access at reasonable request) |

2 - Cost orientation (LRAIC) and cost accounting |

3 - Accounting separation |

4 - Non-discrimination |

5 - Publication of a reference offer |

6 - Transparency |

Others: |

Obligation to provide network access on fair and reasonable terms at reasonable request |

IE/2005/0191 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | eircom Access Telecom Budget Telecom Cable & Wireless Chorus Communications Colt Telecom Energis BT Ireland MCI NTL Swift Call Centre Talk Telecom | 1 - Transparency (all) | The Commission made a comment on: Further consultation planned by ComReg: The Commission reminds that draft measures relating to the details and implementation of accounting separation, cost accounting and wholesale price caps are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination (all) |

3 - Requirement to provide access to and use of specific network facilities on reasonable request (all) |

4 - Price control (eircom: FL-LRIC, others: benchmarking) |

5 - Cost-accounting (eircom) |

FR/2005/0228 | Operator-specific relevant markets. | Geographic coverage of each network = geographic extent of each relevant market | FT + 20 ANOs | FT: | The Commission made comments on: The exclusion of termination to non-geographic numbers from market analysis: ARCEP should conduct, as soon as possible, a market analysis pursuant to Article 16 of the Framework Directive with regard to call termination to non-geographic numbers of non-ISP end users. Asymmetric imposition of pricing related remedies: The impositions of different remedies on different operators within similarly defined markets should be adequately reasoned. To the extent that it would be considered disproportionate to impose costly cost orientation and cost accounting obligations on a small operator, the Commission is of the view that other forms of cost control for such operators, such as benchmarking against the larger operators who are under a cost orientation obligation, could be considered. |

1 - Access and interconnection |

2 - Non-discrimination |

3 - Transparency |

4 - Prohibition of excessive pricing |

5 – Cost-orientation and cost accounting (LRAIC) |

ANOs: |

1 – Access and interconnection |

2 – Non-discrimination |

3 - Transparency |

4 – Prohibition of excessive pricing |

Market 10: Transit services in the fixed public telephone network |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Access / interconnection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

Austria | NO** | No SMP found*- VETOED |

** Refinement, broader/narrower market and/or merger of markets |

Overview of notifications assessed until 30 September 2005 |

Market 10: Transit services in the fixed public telephone network Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

UK/2003/0015-16 | Local tandem conveyance and transit on fixed public narrowband networks (Case UK/2003/0015) and market for transit services on fixed public narrowband networks (UK/2003/0016). | National (excluding the Hull area) | BT | 1 - Provision of network Access on reasonable request. | The Commission made a comment on: Reliance on comments from parties other than the Commission and other NRAs: Any material modification to the notified draft measure will require the draft measure to be re-notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Cost-orientation and cost accounting |

4 - Charge control |

5 - Transparency |

6 - Accounting separation. |

UK/2004/0045 (further amended by cases UK/2005/0217-0218) | See Cases UK/2003/0015-0016. | Financial reporting obligations (in addition to the remedies imposed in Cases UK/2003/0015-0016). | The Commission made comments on: Publication of a statement concerning compliance with the cost accounting systems: It is necessary for a statement concerning compliance with the cost accounting system to be published annually, following verification by a qualified independent body. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

UK/2004/0072 | See Cases UK/2003/0015-0016. | Modifications to the charge control obligation already imposed on BT in cases UK/2003/0015-0016. | No comments made by the Commission. |

UK/2005/0164-0165 | See Cases UK/2003/0015-0016 | In relation to the market for ITC/ITT services, all SMP obligations imposed previously on BT were withdrawn | No comments made by the Commission. |

In the market for LTC/LTT services previous obligations are maintained (see cases UK/2003/0015-0016). In addition, the following amendments to previous obligations were made: |

1- Revised charge control |

2 - Amendments to the requirement (i) not to unduly discriminate and (ii) to notify charges, terms and conditions. |

FI/2004/0043 | 12 separate local transit markets and one market for nationwide transit services | National transit: not analysed | 1 - Interconnection | The Commission declared the notification incomplete on the following grounds: The analysis presented by Ficora was not sufficiently reasoned for the purposes of allowing the Commission to carry out its tasks, and to evaluate the notified draft measures. The notification lacked the appropriate argumentation for excluding national transit traffic from the market analysis. |

Following SMP operators in local transit markets: | 2 - Obligation to publish delivery terms and tariff information |

3 - Non-discrimination obligations concerning pricing and other terms |

Auria Networks Oy, Elisa Oy, Kesnet Oy, KPY Verkot Oy, Kymen Puhelin Oy, Länsilinkki Oy, Mikkelin Puhelin Oy, Oulun Puhelin Oy, Satakunnan Puhelin Oy, Sonera Carrier Networks Oy, Soon Net Oy, Telepohja Oy, Tikka Networks Oy, Vaasan Läänin Puhelin Oy |

FI/2004/0075 | Similar to the Recommendation. | 12 separate local transit markets and one market for nationwide transit services | Auria Networks Oy, Elisa Oy, Kesnet Oy, KPY Verkot Oy, Kymen Puhelin Oy, Länsilinkki Oy, Mikkelin Puhelin Oy, Oulun Puhelin Oy, Satakunnan Puhelin Oy, Sonera Carrier Networks Oy, Soon Net Oy, Telepohja Oy, Tikka Networks Oy, Vaasan Läänin Puhelin Oy | 1 - Interconnection | No comments made by the Commission. |

2 - Obligation to publish delivery terms and tariff information |

3 - Non-discrimination obligations concerning pricing and other terms |

SE/2004/0051 | Similar to the Recommendation. | National | TeliaSonera Sverige AB | 1 - Obligation to meet reasonable requests for interconnection | The Commission made a comment on: National consultation run in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 - Cost-orientation |

3 - Non-discrimination |

4 - Accounting separation |

5 - Transparency (reference offer) |

6 - Obligation to meet reasonable requests for direct billing and cascade billing agreements |

AT/2004/0090 | Market including self-supply through direct interconnection. | National | No SMP found | No remedies were imposed | The Commission issued a veto decision, on the following grounds: insufficient evidence for the inclusion of self-provision through direct interconnection in the market, results of the market analysis and on the importance of applying a thorough greenfield analysis. |

DE/2005/0145, DE/2005/0235 (remedies) | Five separate markets for transit services: i) transit services in the fixed public telephone network plus call origination for carrier (pre-) selection services; ii) transit services in the fixed public telephone network plus origination of calls to value-added services; iii) transit services in the fixed public telephone network plus call origination for dial-up internet services; iv) transit services in the fixed public telephone network plus call termination in national networks excepting calls originating and terminating in national mobile networks and v) transit services in the fixed public telephone network for calls originating and terminating in national mobile networks. | National | Deutsche Telekom AG | 1 - Access (including interconnection services, collocation) | In case DE/2005/0145, the Commission made a comment with regard to the determination of remedies at a later stage. |

No SMP was found in the market for transit services in the fixed public telephone network for calls originating and terminating in national mobile networks, i.e., market 5. | 2 - Non-discrimination | In case DE/2005/0235, the Commission made a comment on: |

3 - Price control (in relation to interconnection, conveyance and collocation) | Accounting separation: Given the risk of cross-subsidisation arising from the operations of a vertically- integrated company, the Commission invites BNetzA for the purposes of enhancing transparency and legal certainty to consider imposing accounting separation as a separate measure. |

HU/2005/0153 | Similar to the Recommendation. | National | No SMP found | No remedies were proposed | No comments made by the Commission. |

IE/2005/0192 | Similar to the Recommendation. | National (international transit services are distinguished from the market for national transit services) | Eircom | 1 - Transparency | The Commission made a comment on: Further consultations planned by ComReg: The draft measures relating to the details and implementation of the obligations of cost accounting, accounting separation and wholesale price caps are required to be notified under Article 7(3) of the Framework Directive. |

2 - Non-discrimination |

3 - Access to and use of specific network facilities on reasonable request |

4 - Price control and cost accounting |

5 - Accounting separation |

PT/2005/0154 | Similar to the Recommendation. | National | No SMP found | No remedies were imposed | The Commission commented that the elements provided by Anacom to find that the relevant market would not meet the three criteria test should be further developed. Irrespective of whether, as a result of the three criteria test, the Portuguese market for transit services in the fixed public networks could be found to be susceptible to ex ante regulation, the market analysis in this particular case would still not have led to a finding of SMP. |

FR/2005/0229 | Similar to the Recommendation. | National | France Télécom | 1 - Access to, and use of specific network facilities | No comments made by the Commission. |

2 - Non discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting obligations |

Market 11: Wholesale unbundled access (including shared access) |

Member State | Market definition similar to Recommendation | SMP found for | Remedies imposed |

Access / interconnection | Non-discrimination | Transparency | Price control / cost accounting | Accounting separation |

* Includes cable connections. |

** Differentiated or no remedy imposed on certain SMP operators |

Overview of notifications assessed until 30 September 2005 |

Market 11: Wholesale unbundled access (including shared access) to metallic loops and sub-loops for the purpose of providing broadband and voice services Overview of notifications assessed until 30 September 2005 |

Case reference | Product Market Definition | Geographic Market Definition | SMP found for | Remedies Imposed | Results of Community Consultation |

FI/2003/0030 | Similar to the Recommendation. | 44 local markets | 44 former local monopolies | 1 - Obligation to lease part of a local loop and equipment facilities (on all SMP operators) | The Commission made comments on: Imposition of remedies: Where Ficora intends to impose different remedies on different operators within similarly defined markets the reasons for such differential treatment should be adequately reasoned. Further, Ficora should monitor market developments. Cost orientation and cost accounting obligations: The Commission expresses concerns on the approach not to specify the method on which cost orientation will be assessed, which it believes will limit the measure’s contribution to consumer benefit, the enhancement of competition and the development of the internal market. |

2 - Obligation to publish delivery terms and tariff information (on all SMP operators) |

3 - Obligation concerning pricing and other terms (cost orientation and non-discrimination) (on certain SMP operators) |

4 - Cost accounting procedures (on certain SMP operators) |

5 - Accounting separation (on certain SMP operators) |

IE/2004/0046 | Similar to the Recommendation. | National | eircom | 1 - Access obligations | The Commission made comments on: Costing methodology for the implementation of the cost orientation obligation: In view of the relatively high prices and low penetration rate of LLU in Ireland, ComReg was invited to monitor market developments carefully, and especially (i) how the implementation of the proposed forward-looking long run incremental cost methodology would be more effective at addressing the lack of effective competition in the provision of fully unbundled lines, shared lines, collocation and associated facilities, than the current obligation of fully distributed costs and (ii) how and to what extent these would positively impact on the level of prices and the numbers of fully unbundled and shared access lines in Ireland. National consultation running in parallel with Article 7 consultation: Any material modification to the draft measure as a consequence of comments made by interested parties in the framework of the national consultation will require the draft measure to be re-notified. |

2 - Non discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting |

SE/2004/0084 | Similar to the Recommendation. | National | TeliaSonera AB | 1 - Access obligation | No comments made by the Commission. |

2 - Cost orientation (LRIC) and cost accounting |

3 - Non-discrimination |

4 - Transparency (reference offer) |

UK/2003/0094 | The wholesale local access market, in addition to traditional copper local loops also including cable connections. | 2 separate markets (the UK excluding the Hull area and respectively the Hull area) | BT (UK excluding the Hull area) and Kingston (the Hull area) | 1 - Provision of access on reasonable request | The Commission made a comment on: Product market definition, including both copper loop-based and cable-based wholesale local accesses: When including cable-based wholesale services in the relevant market, consideration should be given to the technical, practical and economic feasibility for cable operators to offer facilities equivalent to unbundled local loops. The indirect pricing constraint stemming from the substitutability at the retail level and the potential competition of cable-based wholesale local access could have been taken into account at the stage of assessment of SMP. Notwithstanding, while this approach may have led to a narrower market definition and there remain doubts as to whether cable-based wholesale products (whether currently or prospectively) form part of the market, the exclusion of cable-based wholesale services from the market definition in this particular case would not have led to a different result in the SMP analysis. Consequently, a conclusion on the exact scope of the market was not relevant for the SMP assessment. |

2 - Non-discrimination |

3 - Cost orientation and cost accounting |

4 - Transparency |

5 - Collocation |

6 - Accounting separation (on BT only |

UK/2004/0123 | See Case UK/2003/0094. | Slight modification of the remedies already notified because of the establishment of the Telecommunications Adjudicator. | No comments made by the Commission. |

AT/2004/0098 | Similar to the Recommendation. | National | Telekom Austria | 1 - Provision of access to metallic loops and sub-loops on reasonable request by a third party | No comments made by the Commission. |

2 - Publication of a Reference Unbundling Offer within one month of issue of TKK’s decision |

3 - Cost-oriented prices according to the cost of efficient service provision |

4 - Non-discrimination |

5 - Accounting separation |

6 - Cost accounting providing for the cost of efficient service provision |

SK/2004/0107 | Similar to the Recommendation. | National | Slovak Telecom | 1 - Transparency (including the publication of technical specifications) | The Commission made comments on: Implementation of the proposed cost orientation obligation: As TÚSR failed to provide adequate transparency and legal certainty for market players by specifying the details of the proposed cost orientation obligation, the Commission had concerns as to whether the proposed price control obligation will be effective at addressing the lack of effective competition in the relevant market, and requested that once adopted, TÚSR will notify the relevant implementing measures. National public consultation: NRAs must conduct a national consultation on each draft measure taken in accordance with the Framework Directive or the Specific Directives which have a significant impact on the relevant market. |

2 - Non-discrimination |

3 - Accounting separation |

4 - Access to, and use of, specific network facilities |

5 - Price control, including the obligation of cost-orientation |

PT/2004/0117 | Similar to the Recommendation. | National | PT Comunicações | 1 - Provide access to and use of specific network facilities | The Commission made a comment on: Costing methodology for the implementation of the price control obligation: Anacom was invited to follow market developments carefully and to assess whether a forward looking approach long-run incremental cost model would not be more appropriate than the fully distributed historic costs model, originally proposed by ANACOM. |

2 - Non-discrimination |

3 - Transparency |

4 - Accounting separation |

5 - Price control and cost accounting |

6 - Provide accounting information |

DE/2004/0119, DE/2005/0150 (remedies) | The wholesale market for unbundled access (including shared access) to metallic loops and sub-loops for the purpose of providing broadband and voice services, also including unbundled access to local loops on the basis of OPAL and ISIS2 at the main distribution frame or subloops. | National | Deutsche Telekom | 1 - Fully unbundled access to the local loop in the form of a copper pair and shared access | In case DE/2004/0119, the Commission made comments on: Consideration of fibre glass connections to end-users: Relying on the Recommendation and the SMP Guidelines, RegTP excluded fibre glass connections from the scope of the relevant market (and thus from the market analysis). However, to the extent that fibre glass connections can be used to offer wholesale unbundled access to local loops and sub-loops for the purposes of providing broadband and voice services, like metallic loops and sub-loops, they may thus, on the basis of specific national circumstances, form part of market 11. Fibre glass connections or part of them may also be found to belong to a separate market which is not in the Recommendation, subject to the three criteria test. In any event, since fibre lines are currently regulated in Germany, it needed to be emphasised that the possible maintenance, withdrawal or modification of current regulation needs to be based on a new market analysis in accordance with Article 16 of the Framework Directive. Remedies to be determined at a later stage: The Commission highlighted that RegTP will have to notify the remedies it intends to impose in the markets concerned under Article 7(3) of the Framework Directive. In case DE/2005/0150, the Commission made comments on: Scope of the proposed remedies: As glass fibre connections in Germany may form part of market 11, the Commission questions whether the remedies notified on 25 February 2005 in relation to that market should not also extend to glass fibre connections. Withdrawal by RegTP of DT’s obligation to provide access to its glass fibre connections: Despite the Commission’s comment in case DE/2004/0119, RegTP intends to withdraw DT’s existing obligation to provide access to its glass fibre connections without a market analysis as required by Article 27 in conjunction with Article 16 of the Framework Directive. In the absence of such a market analysis notified to it, the Commission is not in a position to assess the proposed withdrawal of existing regulation. Commission considers that the proposed withdrawal of the existing regulation for access to pure glass fibres is not made pursuant to a market analysis based on a market definition that has been duly notified to the Commission. |

2 - Bundled access to the local loop in the form of a copper pair at the main distribution frame, including to the OPAL/ISIS variant |

3 - Collocation |

4 - Non-discrimination |

5 - Transparency (reference unbundling offer) |

6 - Price control, based on the costs of the efficient provision of services |

7 - Communication of the location of local loops and of collocation spaces to interested parties on request |

SI/2005/0142 | Similar to the Recommendation. | National | Telekom Slovenije | 1 - Access on reasonable request | The Commission made a comment on: Choice of an appropriate cost accounting methodology to prevent margin squeeze: APEK indicated that the price for fully unbundled access to the local loop in Slovenia is substantially higher than retail access price and gives rise to a likely margin squeeze creating thus an obstacle for operators to enter the market and preventing the existence of effective competition at the retail level. APEK considered the forward looking LRIC cost accounting method to be the most appropriate for the evaluation of cost oriented prices for unbundled access to the local loops, but concluded, however, that this model would represent an excessive burden on Telekom Slovenije and is therefore not proportionate in the current conditions. However, the Commission had concerns as to whether the cost accounting methodology proposed will be effective at addressing the lack of effective competition in the relevant market, at least in the medium term. |

2 - Non-discrimination |

3 - Transparency |

4 - Cost accounting (fully distributed common costs) |

5 - Price control |

6 - Accounting separation |

SI/2005/0181 | See Case SI/2005/0142. | 1 - Price control and cost accounting obligations (prolongation by 6 months of the period for implementing the cost orientation obligation) | The Commission made a comment on: Choice of an appropriate cost accounting methodology to prevent margin squeeze: In its revised notification APEK indicated that a possibility of price squeezes between the wholesale and retail prices of local loops cannot be fully excluded in Slovenia. APEK considered the forward looking LRIC