The EU Commission, by a Decision of 13 June 2013, asked the Estonian telecoms regulation authority (ECA) to review its calculation method of the regulated rates that the dominant operator, Elion Ettevoted AS, can charge the other operators for the use of its broadband infrastructure. According to the Commission, this method would not comply with the European telecoms regulatory framework and may impede the broadband investments and create artificial barriers on the market.
The Estonian regulator proposes to set those rates by using a calculation method which assesses the assets according to their historical cost and not according to their current cost. The Commission, having been notified of this draft decision under article 7 bis of the Telecoms Directive, admitted that the ECA can have a margin of appreciation regarding the choice of the cost calculation method in order to regulate the access rates. However, it considered that the pieces of evidence provided by the ECA were not sufficient to justify this choice. ECA has three months to find a solution with the Commission and the BEREC. During this time, the implementation of this proposal is suspended.