Remedies and Market Monitoring
The main purpose of the Remedies and Market Monitoring Working Group (RAMM WG) is to provide guidance for the effective and consistent implementation of remedies and to create transparency through market monitoring. For this purpose, the RAMM WG develops best regulatory practices, ensuring national regulators take a consistent approach of implementing in particular remedies imposed on SMP operators (Significant Market Power) to further the development of the internal telecommunications market in Europe and national markets to be effectively competitive. It monitors the application of European Union (EU) wide regulations and defines data collection methodologies, for example, for mobile and fixed voice termination rates, where single maximum Union-wide rates have been set. Recurring, the RAMM WG is calculating the Weighted Average Cost of Capital (WACC) parameters to provide incentives for efficient investments into high-speed broadband networks with quality coverage and both promote and serve consumer interests to use fast internet access. The WACC parameters are yearly published in the BEREC WACC parameters Report. The RAMM WG is the result of a merger of the former Remedies WG and the Statistics and Indicators WG. Further tasks of the group relate to art.22 EECC implementation and KPIs monitoring.
Working Group Co-chairs
Work in 2025
In 2025, the RAMM WG will continue working on related topics, based on the BEREC Work Programme 2025.
Article 32/33 Phase II process
BEREC will analyse and monitor the Phase II cases process, and exchange information with the BEREC Office about the effectiveness of the updated Internal Guidelines. Depending on the number and significance of Phase II cases which will take place in 2025, BEREC will decide whether there is a need to conduct an internal workshop in Q4 2025.
WACC parameters’ calculation according to the EC Notice
Following the publication of the European Commission’s (EC) Notice on the WACC, BEREC is tasked with the calculation of various parameters of the WACC formula according to the prescribed methodology.
In 2025, BEREC will calculate the WACC parameters as started in 2020. These parameters will be calculated at the beginning of each year and published in a separate report to allow the National Regulatory Authorities (NRA) to base their national WACC decisions on this up-to-date information. BEREC will also select the companies that are eligible for the peer group.
Report on regulatory accounting in practice
The Regulatory Accounting in Practice Report 2025 will provide an up-to-date factual overview of the regulatory accounting frameworks used in Europe and an assessment of the level of consistency achieved by NRAs. A report is prepared annually and updates the previous versions published since 2005. In 2025, emphasis will continue to be placed on consistency in regulatory accounting with respect to key access products (e.g. fibre), and the report will be streamlined in terms of access products looked at (for instance, by reviewing the relevance of indicators and parameters covered) while keeping the in-depth analysis of the methods used to identify commonalities and the reasons for differences. Given the applicability of the EC WACC Notice of 2019, there will be an investigation into how far the report will continue to collect data on the methodology and input parameters used to calculate the rate of return on capital employed and look into the impact of both of these on the result.
The report will also take into account the list of relevant markets susceptible to ex-ante regulation pursuant to the EC Recommendation (EU) 2020/2245 and develop a more focused analysis that concentrates on the following key wholesale markets. BEREC will evaluate how the Report on WACC parameters 2025 provides evidence for the WACC calculation practices among NRAs, given the applicability of the WACC Notice. Depending on the evaluation result, the collection and analysis of data on the current calculation of the WACC may be updated.
BEREC external workshop on implementation of Equivalence of Inputs (EoI) by NRAs
Due to the new scope of the Gigabit Access Recommendation and the increased reliance on non-discrimination obligations imposed on Significant Market Power operators, the issue of Equivalence of Inputs gains relevance to ensure competition by alternative operators. To hear the different views, BEREC will organise an external workshop with the relevant stakeholders. In the workshop, BEREC will also ask for views regarding the relationship of Equivalence of Input and Equivalence of Output in practice.
Internal Workshop on the practices of data collections from NI-ICS providers
The BEREC workshop on the practices of data collection from Number Independent-Interpersonal Communication Services (NI-ICS) providers is intended to allow NRAs to give an update on current and planned data collection of NRAs and associated used indicators and the utilization of gathered data (e.g. monitoring, publications, determination of financial contributions to universal service obligations funds). The workshop will focus on identifying best practices and touch upon used classifications (e.g. NI-ICS or a specific category of NI-ICS) and functionalities for business users to reach end users (e.g. for customer support or sales). The workshop shall contribute to the regulatory tasks of NRAs and harmonise the indicators collected.
Update to BEREC Guidelines on Geographical surveys of network deployments
In the years 2020 and 2021, BEREC published three ‘Guidelines on Geographical surveys’ based on Article 22 of the EECC on the mapping of broadband network deployments. BEREC committed itself to preparing an Implementation Report “to examine how different Member States have transposed and enabled the Article 22 provisions”. BEREC conducted the Implementation Report in its 2024 Work Programme and evaluated whether to revise and update the Guidelines. Arising from the Implementation Report, BEREC considers it appropriate to propose certain revisions and updates to the Guidelines.
Follow up to BEREC opinion on the EC's methodology for the mapping of QoS coverage on Connectivity Indicators for the DDPP
Decision (EU) 2022/2481 of the European Parliament and of the Council establishes the Digital Decade Policy Programme 2030 (DDPP) intended to guide Europe's digital transformation. BEREC focuses on the two KPIs related to connectivity, KPI 3 (Gigabit connectivity for fixed networks) and KPI 4 (5G networks). Within the expected update of the Digital Decade KPIs on connectivity and 5G in particular, the EC developed a draft methodology enabling the mapping of Quality of Service coverage for fixed and mobile broadband (and in particular, 5G). According to the views of the EC services, the methodology was built on the BEREC Guidelines on Geographical surveys of network deployments in accordance with Article 22 of the EECC and the Mapping Annex (Annex I) of the EU Guidelines on State Aid for Broadband. The EC intends to complete the development of its methodology in 2024, with actual testing with data collected scheduled for 2025. Once the results arrive, the 5G KPI may be updated in a new implementing decision.
BEREC will remain available in 2025 to provide further input, as required, on this project.
Why is this important?
Imposing remedies on Significant Market Power operators is a regulatory means to maintain effective competition by providing a level playing field for competitors. More sustainable competition ultimately leads to lower prices, better quality of services and overall more choice for consumers, prevents abuse of market power, and provides incentives for investments in high-speed broadband networks delivering connectivity services to consumers and business users. Furthermore, a consistent and harmonized implementation of networks mapping and KPIs calculation according to the Digital Decade Policy Programme provides a common ground to Member States for a converging regulatory setting.