BEREC Opinion on Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case ES/2013/1466 Review of wholesale broadband access prices (market 5) in Spain

Document number: BoR (13) 95

Document date: 07-08-2013

Date of registration: 07-08-2013

Document type:
Author: BEREC

On 27 May 2013, the Commission registered a notification by the Spanish National Regulatory Authority, Comisión del Mercado de las Telecomunicaciones (CMT), concerning the review of prices in the market for wholesale broadband access (market 5) under case number ES/2013/1466.On 27 June 2013, pursuant to Article 7a of the Framework Directive (Directive 2002/21/EC), the Commission informed CMT 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 5 August 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: Case ES/2013/1466, “Review of wholesale broadband access prices (market 5).