The Italian NRA has concluded an analysis of some markets defined by the EU Commission Recommendation of 17 December 2007 (2007/879/EC) 'on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation', in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (2007 Recommendation), as well as the second cycle of the analysis of some markets - identified under the former Recommendation No. 2003/311/EC - no longer provided by the 2007 Recommendation,[1] given that in the NRA's view, some markets of the former Recommendation could still need an ex ante regulation in the light of the possible results of the triple test provided by the 2007 Recommendation.[2]

The markets are the markets for 'access to fixed network' (markets No. 1, 4 and 5 of the 2007 Recommendation), markets for the 'international telephone services available to the public supplied at fixed locations for residential and non-residential customers' (markets No. 4 and 6 of the 2003 Recommendation), the market for the 'retail line rental' (markets No. 7 of the 2003 Recommendation), markets for 'wholesale line rental' (markets No. 6 of the 2007 Recommendation and No. 14 of the 2003 Recommendation), markets concerning 'collection and termination on public fixed network' (markets No. 2 and 3 of the 2003 Recommendation) and the market for the 'transit service on public fixed network' (market No. 10 of the 2003 Recommendation). Meanwhile, examination continues (but seems to be about to conclude) into markets for 'publicly available local and/or national telephone services provided at a fixed location for residential and non-residential customers' (markets No. 3 and 5 of the 2003 Recommendation) and the market for radio and TV broadcasting transmission of contents to end-users (market No. 18 of the 2003 Recommendation, no longer included in the 2007 Recommendation).

The NRA, except for few cases, has substantially confirmed the framework of the EC, thereby considering as non-susceptible to ex ante regulation many markets excluded from the listed markets of the Annex of the 2007 Recommendation.