The European Commission is currently seeking input on the review of its Recommendation on relevant markets, which has to be completed by the end of 2020 to comply with a provision of the Electronic Communications Code. While at this stage the EC is not setting out what that will look like, it is likely that some markets will be removed from the list of those subject to ex-ante regulation.
An assessment of the new European Electronic Communications Code
Early in the morning on the 6th of June 2018, it was announced that the EU had finally reached a long-overdue agreement on the new Electronic Communications Code, which will replace the existing regulatory framework of the EU telecoms market. A full text of the draft was only released early in July.
Discontent around the new European Electronic Communications Code is no good thing
On 6 June 2018, the EU announced a political agreement on the long-awaited European Electronic Communications Code. Stakeholders across the board are unhappy; however, the favourable treatment of wholesale-only networks could solve some long-standing problems facing wholesale access regulation over the last 20 years.
Stakeholders unhappy with spectrum deal as part of the EECC code
On March 1, 2018, the European Commission, the EU Parliament, and the EU Council reached a preliminary agreement on parts of the forthcoming European Electronic Communications Code, related to spectrum policy. The agreement includes the availability of spectrum for 5G in the EU by 2020; a 20-year period of ‘investment predictability’ for spectrum licences; and enhanced coordination and peer review of planned radio spectrum assignment procedures.
The EU's Electronic Communications Code is still a long way away from getting approved
With the trialogue negotiations between the Commission, Council and Parliament now underway, an approved final text should in theory be imminent. However, the Council and the Parliament still have significant differences of opinion given their respective positions, and must still take on board the concerns of the industry, which is generally skeptical about the likely success of the code in creating a sensible framework for investment.
