ETNO response to BEREC draft CP on best practice in remedies on markets 4, 5 and 6; BoR (12) 104, BoR (12) 88, BoR 12 (83)

ETNO takes the opportunity to comment on the present draft BEREC Common Positions on best practice remedies on markets 4, 5 and 6.

• ETNO believes that the revision of the Common Positions (CP) for best practices for remedies in markets 4, 5 and 6 should be completed on the basis of the final Commission guidance on non-discrimination and costing methodologies in 2013. The CPs would otherwise have to be revised to take account of the new Commission guidance very shortly after being adopted. This would undermine legal certainty and predictability for all involved.
• The present consultation period of de facto less than three working weeks appears overly short, in particular considering the important field of application of the CPs and the length of the overall revision process within BEREC.
• The draft CPs contain a number of recommendations that would risk disproportionate outcomes in national markets and/or that are not yet aligned with the Commission’s policy approach to price and access regulation of next generation networks announced on July 12, 2012. The final CPs should ensure that NRAs continue to have appropriate discretion in deciding on appropriate obligations at national level, such as the proportionate set of access products.