BEREC Opinion on Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Cases AT/2013/1475-1476 Wholesale (physical) network infrastructure access and wholesale broadband access (markets 4 and 5) in Austria

On 25 June 2013, the European Commission registered a notification by the Austrian Regulatory Authority, Telekom-Control-Kommission (TKK), concerning the markets for (physical) network infrastructure access and wholesale broadband access in Austria (markets 4 and 5) under case numbers AT/2013/1475-1476.
On 25 July 2013, pursuant to Article 7a of the Framework Directive (Directive 2002/21/EC), the Commission informed TKK and the Body of European Regulators for Electronic Communications (BEREC) of its reasons for considering that the draft measure would create a barrier to the internal market and communicated its serious doubts as to compatibility of the proposed measure with EU law.
In that respect, as required by Article 3(1)(a) of the BEREC Regulation (Regulation (EC) № 1211/2009) and in relation with Article 7a of the Framework Directive, on the 5 September 2013 BEREC adopted the current opinion in relation to phase II investigation pursuant to Article 7 of Directive 2002/21/EC as amended by Directive 2009/140/EC: Cases AT/2013/1475-1476, “Wholesale (physical) network infrastructure access and wholesale broadband access (markets 4 and 5) in Austria.