Monitoring implementation of the BEREC Common Positions on WLA, WBA and WLL - Phase I

Document number: BoR (14) 171

Document date: 04-12-2014

Date of registration: 08-12-2014

Document type:
Author: BEREC

Over the last three years BEREC has undertaken a programme of work which involved revising its broadband common positions (relating to the relevant markets 4, 5 and 6 as outlined by the Commission Recommendation of 2007) and developing a methodology to monitor how NRAs are implementing these. The third (and final) stage of the work involved undertaking the actual monitoring exercise of whether and how NRAs are following the best practices set in the revised common positions.The monitoring exercise is being carried out over three years to allow for the full cycle of market reviews to be carried out by all NRAs. This report sets out the results of Phase 1 of the monitoring exercise which was carried out in the first half of 2014.

BEREC intend to repeat this exercise in 2015 and 2016 (as Phase 2 and Phase 3 respectively).The BEREC analysis in this report focuses on NRAs that have notified decisions relating to market reviews in the relevant WLA, WBA and WLL market since the revised common positions were adopted on 7 December 2012 and up to the deadline for providing responses to Phase 1 of the monitoring exercise (around the end of March 2014). There are relatively few NRAs that are included as participants in this analysis at this stage.

Therefore, it is probably too early to draw firm conclusions about how participating NRAs are following the best practices set out in the revised common positions. Furthermore, it is recognised that NRAs that have not notified decisions in relation to the relevant WLA, WBA and WLL markets since the common positions were adopted on 7 December 2012 will have implemented many of the best practices. However, these NRAs are not captured in this report. As more NRAs complete their cycle of market reviews in 2015 and 2016 the set of participating NRAs will increase and a clearer picture of whether, how and why NRAs are adopting best practices (or not) will emerge.