Opinion of the Economic and Social Committee on the "Communication from the Commission - The results of the public consultation on the 1999 Communications Review and Orientations for the new Regulatory Framework"

(2001/C 14/07)

On 2 May 2000 the Commission decided to consult the Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the above-mentioned communication.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 September 2000. The rapporteur was Mr Lagerholm.

At its 376th plenary session of 19 October 2000 the Economic and Social Committee adopted the following opinion unanimously.

1. The Commission communication

1.1. The communication reports on the consultation associated with the 1999 Communications Review(1) and draws conclusions with regard to the forthcoming proposals for the new regulatory framework. Respondents held differing views on, for instance, funding of national regulatory authorities, the introduction of two thresholds for asymmetric obligations in respect of access and interconnection, guidelines for affordability of universal services, and users' facilities and quality of service.

1.2. On the basis of the consultation, the Commission concludes that the future regulatory framework will retain the original proposals in all but one area. This area is access and interconnection, where the Commission - in contrast with its previously stated intention in the Review - has decided not to introduce two thresholds for ex-ante regulation for strong market players.

2. Comments

2.1. The Economic and Social Committee appreciates the way the Commission has chosen to prepare this important legislation to drive forward the liberalisation of markets for electronic communications. It is convinced that the broad public consultation with more than 200 responses from a wide range of different interests has significantly improved the conditions for getting an efficient and widely accepted regulatory regime implemented and invites the Commission to have recourse to public consultations more often.

2.2. Since the Commission presented its Communication on the results of the consultation on the 1999 Communications Review and the orientations for the new regulatory framework, the Economic and Social Committee has adopted its Opinion on the Review (24 May 2000). The Opinion endorses in principle the broad thrust of the Commission proposal, but makes some specific comments on various points and firmly objects to one point in particular: the proposal to introduce two thresholds for ex-ante regulation for strong market players.

2.3. The Commission's conclusions on the consultation and its account of the deliberations which are to form the blueprint for the proposals for a Directive providing the revised regulatory framework for electronic communications infrastructure and associated services, are fully in line with the views expressed by the Committee in its Opinion.

2.4. The Committee is particularly pleased to note that the Commission has changed its mind about the thresholds for ex-ante regulation, with an obligation on some players to meet reasonable requests for access, at cost-oriented prices and on a non-discriminatory basis.

2.5. The Committee is also pleased to note that the Commission concludes from the consultation that other areas which were subject to specific comments in the Committee Opinion should in future be addressed in line with the Committee's recommendations.

2.6. The Committee shares the Commission's preoccupation regarding the possible questioning of decisions taken by the National Regulatory Authorities. The Commission should have the possibility to require the NRAs to suspend those decisions when they are not in line with the regulatory framework.

2.7. The Committee, in conformity with views expressed in the public consultation, further considers it right that simple complaint handling and dispute settlement procedures be in place for users and consumers on a national and cross-border level. The relevant powers and procedures should be attributed to the NRAs' and the High Level Communications Group.

Brussels, 19 October 2000.

The President

of the Economic and Social Committee

Göke Frerichs

(1) OJ C 204, 18.7.2000, p. 3.