During its 39th plenary meeting, the Body of European Regulators of Electronic Communications (BEREC) approved three draft guidelines for public consultation and launched one "Call for initial Stakeholder Input". These initiatives are based upon the newly introduced European Electronic Communications Code (EECC) and refer to the following subject matters:
i. “Call for initial Stakeholder Input on the Guidelines on the Criteria for a Consistent Application of Article 61(3) EECC”(available here).
Pursuant to article 61, para. 3, national regulatory authorities (NRAs) may impose access obligations on certain undertakings (e.g., network providers, owners of physical infrastructures, etc.) where it is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. Providers may therefore be required to grant access to their wiring and cables and associated facilities inside buildings or up to the first concentration/distribution point. NRAs may, in addition, extend the access obligation up to the closest point to end-users, i.e. a point capable of hosting a sufficient number of end-user connections to be commercially viable.
These guidelines aim at setting out the criteria for the identification of elements such as the first concentration/distribution point or the point capable of hosting a sufficient number of end-user connections, and for the definition of which networks and projects may be relevant for these access obligations.
ii. “Guidelines on the minimum criteria for a reference offer”(available here).
Pursuant to article 69 of the EECC, undertakings that are under non-discrimination obligations may be required by NRAs to publish reference offers, in application of transparency obligations. Such reference offers are aimed at allowing other market players (e.g., access seekers, end-users, etc.) to assess the costs that they should incur in order to exploit the resources made available by providers with significant market power. Hence, the reference offers should be sufficiently unbundled and broken down into their components.
iii. "Guidelines on common criteria for the assessment of the ability to manage numbering resources by undertakings other than providers of electronic communications networks or services and of the risk of exhaustion of numbering resources if numbers are assigned to such undertakings" (available here).
The participation to the public consultation requires stakeholders to answer questions related to, by way of example, use cases regarding the relationship between of ECN/ECS providers and non-ECN/ECS providers, with respect to the use of numbering resources assigned to the latter; the criteria for the assignment of numbering resources to non-ECN/ECS providers or the assessment of the ability of these providers to manage numbering resources; the assessment of the risk of exhaustion of numbering resources if numbers are assigned to non-ECN/ECS entities.
iv. “Guidelines for the notification template pursuant to article 12, paragraph 4, of Directive 2018/1972 of the European Parliament and of the Council” (available here).
As outlined in the EECC, undertakings wishing to provide electronic communications services need to notify the start of their activity to the relevant NRAs. BEREC is required to set out the notification template to be used by network or service providers and to set up an EU database of the notifications submitted to the applicable authorities. To this end, BEREC has asked the relevant stakeholders to answer questions on the completeness of the information required and on the taxonomy of the tables included in the template, as well as questions on the availability of the database.
In order to adopt the final guidelines under points iii. and iv., BEREC is asking stakeholders to provide their inputs on the topic, setting a deadline for 28 August 2019, 17:00 CET.