RD277 - ETNO Reflection Document in response to the ERG consultation on best practices in wholesale unbundled access (ULL) and bitstream access (BSA)

ETNO has significant concerns on the procedure and the approach adopted in the consultation of best practices in the field of wholesale ULL and BSA. ETNO believes that some of the best practices described by the ERG document are efficient and operational in several European countries. Others appear disproportionate, inefficient or potentially irrelevant.
Instead the Report should have provided an overview of different remedies in place and their enforcement, which may have led to competitive outcomes in different Members States and identify the minimal effective intervention by an NRA for remedying a specific market failure.
The Association finds a reply period of one month was too short for this consultation.

On the procedure, ERG invites comments on a large set of detailed operational procedures addressed to a large number of market players, operating in multiple markets and technical contexts. A delay of approximately one month is a very short deadline against this background, making meaningful and detailed consensus views on all recommendations impossible.

ETNO has significant concerns on the procedure and the approach adopted in the consultation of best practices in the field of wholesale ULL and BSA. ETNO believes that some of the best practices described by the ERG document are efficient and operational in several European countries. Others appear disproportionate, inefficient or potentially irrelevant.  The approach is mainly based on experience in particular countries, instead of providing an overview of different remedies in place and their enforcement, which may have led to competitive outcomes in different Members States and identify the minimal effective intervention by an NRA for remedying a specific market failure.

ETNO maintains its previously announced concerns with the ‘objectives’ identified by ERG in earlier best practice documents.