BEREC Opinion on Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Case AT/2016/1846-1847

On 23 February 2016, the Europen Commission registered a notification by the Austrian Regulatory Authority, Telekom-Control-Kommission (TKK), concerning the remedies in the market for wholesale call termination on individual public telephone networks provided at the fixed location (Fixed Termination) and the market for wholesale voice call termination on individual mobile networks (Mobile Termination) in Austria, under case numbers AT/2016/1846-1847.

On 22 March 2016 the Commission sent a serious doubts letter opening a phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC. The Commission’s doubts concern the compatibility with EU law of TKK’s draft measures concerning price control remedies for the Fixed Termination and Mobile Termination markets in its current form, in particular with the non-discrimination principle envisaged by Article 56 of the Treaty on the Functioning of the European Union (TFEU) and Article 8 of the Framework Directive.

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 4 May 2016 BEREC adopted the current opinion in relation to phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: AT/2016/1846-1847, “Market for wholesale call termination on individual public telephone network provided at the fixed location and the market for wholesale voice call termination on individual mobile networks (markets 1 and 2) in Austria”.