
ECTA, the association of European alternative operators, has warned against possible regulatory holidays being included in the proposed EU Electronic Communications Code. The Council and the European Parliament are in the midst of negotiating the final text of the code, which represents an overhaul of telecoms regulation in the EU. ECTA said the latest draft proposal points to a worrying trend towards deregulation of wholesale broadband access.
The European Commission's original proposal for the ECC included the possibility of national operators' not regulating access to a fast broadband network if the network is opened up by its owner to co-investment by other operators. ECTA has opposed the move, saying it would mainly benefit incumbent operators.
According to ECTA, Council members having been pushing for further deregulation, and the latest text proposed by the European Commission "exceeds our worst nightmares". The new proposal would extend deregulation beyond the co-investment scenario to include commercial wholesale offers. ECTA said this would "mean the simple end" of the current regime of imposing ex ante regulation on operators declared a significant market power and "irrecoverably damage competition and hence investment".
The Council and Parliament aim to complete the trilogue on the ECC by the end of April. They have reportedly already reached agreement on changes to spectrum licensing and the latest talks are centred on fixed network access rules.