The Commission has decided to require the Polish telecom regulator, Urzad Regulacji Elektronicznej (UKE), to withdraw its draft measures for regulating retail access services. Following the expression of serious doubts about UKE’s proposal to regulate these markets, UKE failed to justify why it intends to regulate broadband access services in addition to retail narrowband access. UKE had proposed to include broadband and narrowband access services in the same market for retail access services. The Commission found that on the basis of competition law these services cannot be considered to belong to the same market. Although the Commission takes note of UKE’s concerns about possible anticompetitive behaviour of the Polish incumbent Telekomunikacja Polska (TP) in the Polish retail broadband market, it points out that normally regulation at wholesale level should be sufficient to prevent such anticompetitive behaviour. Following the Commission’s decision, UKE is obliged to withdraw its proposed regulatory measures and fully reflect the Commission’s remarks when reanalysing the Polish markets for retail access services. [15 January 2007]