The EU Commission, by a Decision of 3 May 2013, has requested from the Austrian Telecoms regulator (RTR) to review its draft of regulation of the high-speed leased lines, which, according to it, do not warranty equitable competition conditions.
RTR wanted to regulate high-speed leased lines from July 2013 whereas, in certain municipalities, those ones were supplied on competitive conditions. This measure concerned in particular the leased lines of the A1 Austria Telekom historical operator.
The Commission, having been notified of this draft decision under Article 7a of the Telecoms Directive, has considered that several operators intervened on the high-speed leased lines wholesale market and that the A1 Austria Telekom regulator only owned 15% of market stake, having therefore little impact on the functioning of the market. According to the Commission, the reintroduction of regulation on this market, submitted to competitive conditions since for several years, could have a negative impact on the alternative operators, being in this way obliged to provide more advantageous access conditions in order to compete with the historical operator regulated services. RTR has two months to find a solution with the Commission and the Electronic communications European regulators body. During this time, the implementation of those rates is suspended.