ETNO's position papers present its member-companies' views on a wide range of technical, regulatory and trade issues to European Union decision-makers, national governments and the general public.
They are developed either internally by ETNO working groups or, occasionally, in co-operation with third parties such as other industry associations.
Click here for definitions of ETNO Position Papers and Expert Contributions.
Here are ETNO's latest position papers. Click on the date to find papers from previous years.
2nd Joint Declaration by Industry and RTOs: Boosting Europe’s Future Competitiveness as Key Priority for FP9
We, the undersigned associations representing key European industrial research and innovation stakeholders, call on the European Commission, the European Parliament and the Council of the European Union to develop the next EU Research & Innovation Framework Programme (FP9) with an appropriate design and budget, at the level of the ambitions of the Renewed EU Industrial Policy Strategy.
ETNO comments on the Article 29 Working Party Guidelines on Consent under Regulation 2016/679 (WP259)
On 28 November 2017, the Article 29 Working Party (WP29) adopted a set of Guidelines on Consent under Regulation 2016/67 and invited interested stakeholders to present comments. ETNO welcomes this opportunity to comment on WP29’s guidelines and would like to stress the importance of clear rules on free and informed consent in order to ensure trust of individuals and data subjects.
Joint Statement of the European Telecom Social Partners on Reconciling Innovation and Privacy Protection to the Benefit of the European Data Economy
Brussels, January 2018 - The value of the European data economy could reach up to 740 billion euros, or 4% of the European Union’s total GDP, by 2020. Smart solutions such as big data analytics, the Internet of Things, and connected driving thus have the potential to trigger a fourth industrial revolution.
ETNO-GSMA Joint Position Paper on Article 13 of the proposed Directive on Copyright in the Digital Single Market
January 2018 - The Commission’s objective in Article 13 (the so-called ‘value gap’ provision) is to improve copyright protection through the promotion of the level playing field between content rights-holders and certain types of online music/audio-visual sharing service providers. As such, Article 13 is intended to represent a highly focussed sector-specific approach to address a specific situation in which a ‘value gap’ is perceived.
ETNO-GSMA Tax Policy Committee Response to European Commission Public Consultation on fair taxation of the digital economy
The ETNO-GSMA Tax Policy Committee (hereinafter The Committee) appreciates the opportunity to provide its input on the consultation on fair taxation of the digital economy and would like to provide the following comments, complementary to the answers submitted through the on-line form questionnaire.
GSMA-ETNO response to BEREC Consultation on Monitoring Mobile Coverage
ETNO and the GSMA, who represent the telecoms sector in Europe, welcome the opportunity to comment on BEREC’s Preliminary Report on Monitoring Mobile Coverage. We hope the following detailed comments can serve as a constructive contribution to BEREC’s deliberations on this preliminary report.
Various considerations that are relevant in the scope of this exercise, are equally relevant in the scope of the discussions around net neutrality and quality monitoring inter alia referring to Art. 4 of the Telecom Single Market Regulation. BEREC’s considerations in both exercises need to be fully aligned. ETNO and GSMA had jointly submitted to BEREC detailed positions on the latter previously.
ETNO views on M2M
This ETNO position was drafted following a request from the BEREC M2M Project Team, further to a meeting held with ETNO in June 2014. The topic of M2M spans several ETNO WGs (NANI, DI and SPEC) and as such, an informal expert group was formed within ETNO to address the topic, with input from the 3 WGs.
ETNO response to the OECD’s Public Discussion Draft on the Tax Challenges of the Digital Economy
An invitation for comments on the OECD public discussion draft on BEPS Action 1 (Address the Tax Challenges of the Digital Economy) was published on the OECD Website on 24 March 2014, with a deadline of 14 April 2014.
ETNO response to the Public Consultation on the review of the EU copyright rules
ETNO, the leading trade association in Brussels for telecoms operators, welcomes the current public consultation on the review of the EU copyright rules and thanks the EU Commission for the opportunity to provide views.
ETNO response on BEREC consultation BoR (13) 186
ETNO welcomes the review of BEREC’s common position on geographical aspects of market analysis.
ETNO believes that BEREC and NRAs should adopt a more proactive approach to reflecting the geographic differences within a national territory in their definition of relevant markets in order to effectively take into account the competitive dynamics of today’s telecommunications markets.
ETNO Reflection Document on EU-Ecuador Trade Relations
In June 2012, the EU signed an ambitious and comprehensive Trade Agreement with Colombia and Peru. These negotiations were part of a broader effort to enhance economic ties with the CAN (Andean Community of Nations); however, given certain disagreements within the CAN in late 2008, Ecuador and Bolivia decided not to continue the negotiations.
ETNO Reflection Document on “Draft ECC Report 213: Impact of Number Portability between Fixed and Mobile Services”
The Association of European Telecommunications Network Operators (ETNO) welcomes the opportunity to comment on Draft ECC Report 213 “Impact of Number Portability between Fixed and Mobile Services”.
As a general remark, this Report seems to propose a revision of the European Regulatory Framework regarding Number Portability obligation, when that matter is not under the responsibility of ECC.
In fact the Universal Services Directive, in describing the implementation of the number portability provisions, clearly mentions that the number portability requirement “does not apply to the porting of numbers between networks providing services at a fixed location and mobile networks”.
In addition it is for ETNO premature to set milestones (for instance 2020) for “service portability”, when such a need is not predictable as emerging from the market and surely it cannot be considered a regulatory need for any concrete motivation.
 The European Telecommunications Network Operators' Association (ETNO) is representing 41 major companies, which provide electronic communications networks over fixed, mobile or personal communications systems in 35 countries. ETNO is Europe's leading trade association. More information about ETNO can be found at: www.etno.eu
ETNO Reflection Document on “Draft ECC Recommendation (14)03: Charging Principles for National and International Freephone Numbers”
The Association of European Telecommunications Network Operators (ETNO) would like to thank the CEPT/ECC (Electronic Communications Committee) for the opportunity to comment on Draft ECC Recommendation (14)03 “Charging Principles for National and International Freephone Numbers”.
A freephone number is a number that is in principle reached free of charge for the calling party with the cost of the associated service covered by the called party. At national level, many CEPT countries have number ranges designated for this purpose.
 The European Telecommunications Network Operators' Association (ETNO) is representing 41 major companies, which provide electronic communications networks over fixed, mobile or personal communications systems in 35 countries. ETNO is Europe's leading trade association. More information about ETNO can be found at: www.etno.eu
ETNO Reflection Document on “Draft ECC Report 212: Evolution in the Use of E.212 Mobile Network Codes”
The Association of European Telecommunications Network Operators (ETNO) would like to thank the CEPT/ECC (Electronic Communications Committee) for the opportunity to comment on Draft ECC Report 212 “Evolution in the Use of E.212 Mobile Network Codes”.
ETNO considers that the current E-212 numbering management process has been working in a fairly straightforward way and does not foresee the need for a major change in its functioning. Indeed, ETNO views the Draft ECC Report as a preliminary “reflection document” but also recognises that the issues addressed therein potentially have very relevant technical/operational/business implications not only in terms of future but also for current services. It is, therefore, of utmost importance to fully take all those into consideration before moving forward and taking any policy decision at this point.
 The European Telecommunications Network Operators' Association (ETNO) is representing 41 major companies, which provide electronic communications networks over fixed, mobile or personal communications systems in 35 countries. ETNO is Europe's leading trade association. More information about ETNO can be found at: www.etno.eu
ETNO responds to European Commission's consultation on Internet Governance
ETNO welcomes the opportunity to respond to the European Commission’s consultation on Internet Governance, entitled Europe and the Internet in a global context – What future, what challenges ahead?
We include below our responses to the questions posed within the online consultation document.
ETNO Reflection Document on BEREC’s 2014 Work Program consultation
ETNO welcomes the present consultation on BEREC’s 2014 Work Programme. This contribution will also cover selected aspects of BEREC’s views on the draft TSM regulation proposal.
The document BoR (13) 142 covers important areas of BEREC’s work for 2014 and takes firm positions on subjects which have not been previously discussed with the sector. While this is clearly not the sole responsibility of BEREC, a more in-depth analysis of the provisions of the draft regulation and discussions with stakeholders could have clarified some of the assumptions underlying BEREC’s position, for example that the provisions “conflict with the fundamental purposes of the current regulatory framework to promote competition” or “trigger market consolidation”. It is doubtful whether any of the provisions of the draft regulation could have such effect.
 (BoR (13) 142) “BEREC views on the proposal for a regulation laying down measures to complete the European single market for electronic communications and to achieve a Connected Continent”
ETNO Response to European Commission Green Paper: Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values
ETNO welcomes the European Commission’s Green Paper ‘Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values’ as a timely initiative aimed at better understanding the current developments in the audio-visual sector and the likely trends. ETNO thanks the Commission for the opportunity to contribute to the public consultation and the debate launched by DG Connect on the right way forward, in particular in relation to the eventual need to revise the current regulatory landscape in order to better adapt to new and innovative products/services.
ETNO Contribution to European Commission Consultation on the Draft “General Block Exemption Regulation” (GBER II)
ETNO welcomes the opportunity to comment on the draft “General Block Exemption Regulation” (GBER II) and recognises the importance of setting appropriate rules in this regard. Please note that ETNO’s wider position regarding the use of public funding in the rollout of broadband infrastructure can be found in the submission which was made in response to the consultation on the EU’s Broadband Guidelines in 2012 (http://www.etno.be/home/positions-papers/2012/44).
ETNO Reflection Document on the EC Proposal for a Directive on Network and Information Security (NIS Directive)
ETNO supports the European Commission’s global approach to cyber-security and welcomes the proposed NIS Directive which recognizes the importance of security throughout the entire value chain.
As eCommunication providers are already submitted to such obligations under the telecoms regulatory framework, we welcome their explicit exemption from the scope of the draft NIS Directive. However, we would welcome further clarification on the relationship between the various existing risk management and incident reporting frameworks (telecoms package, draft Regulation on e-identification). Indeed, the “exempted” market operators may also provide bundled services falling in scope of this proposed Directive. This calls for further legal certainty as to which measures apply to different services and more importantly to avoid unnecessary cumulative or inconsistent and burdensome obligations. Indeed, market providers should not be subject to different flavours of requirements depending on the service they provide.
The European Commission [EC] should ensure that eventual further revisions of Framework Art. 13 remain consistent with the NIS Directive.
ETNO believes that cross-sector regulation should replace sector-specific frameworks. In the long term, a cross-sector approach based on reasonable notification processes would benefit both business and customers and would avoid the need to keep aligned the obligations stemming from different Directives.
The NIS Directive’s end-to-end approach should be more explicit in establishing that non-EU based “market operators” are covered. Due to the global nature of the Internet, this is a key aspect with respect to customers’ security and having a level playing field to allow all businesses to compete on an equal footing in the EU.
ETNO welcomes the launch of the NIS platform as a way to consult all stakeholders of the global ICT value chain and exchange best practices. We welcome the DG Connect representative’s statement that this Platform intends to guarantee a balanced cooperation between the public and private sector. ETNO would like to propose a NIS platform working group dedicated to the international enforcement of NIS obligations.
ETNO Reply to the Draft RSPG Opinion on Licensed Shared Access
ETNO believes that exclusive licensing is the appropriate regulatory approach for efficient use of spectrum by public cellular mobile networks.
ETNO considers that the LSA concept is a good instrument to improve the efficiency of spectrum use in underutilised bands.
The LSA concept should be applied to make underutilised spectrum resources available to telecommunications services that are currently assigned to non-commercial “incumbents” (Defence, public administrations, civil aviation, etc.) and also allocated to mobile service and/or identified for IMT.
ETNO is of the opinion that the LSA concept should not be applied to bands for which mobile network operators have acquired exclusive spectrum usage rights.
Therefore the main approach for future spectrum assignments for mobile network operators must remain exclusive use.
ETNO comments on the Draft RSPG Opinion on Strategic Challenges facing Europe in addressing the Growing Spectrum Demand for Wireless Broadband
ETNO welcomes the opportunity to comment the draft RSPG opinion on Wireless Broadband as we believe that frequencies for WBB need forward looking strategy in Europe.
As general guiding principles ETNO believes that the identified frequency bands for WBB should be globally harmonised and national deviations should be minimised.
As the economy of scale is another import aspect to be considered, the industry should commit itself to ensure a complete ecosystem.
ETNO believes that licensed and un-licensed spectrum should be considered complementary and not as substitutes. In the short and mid-term, the Public cellular mobile networks primarily need further exclusive licensed spectrum access in order to offer reliable communication services with a high quality of service nationwide. In the long term ETNO agrees that the identification of further spectrum to destine to unlicensed uses, such as WiFi, will be needed also. However, any consideration of allocation of unlicensed spectrum should take into careful consideration the overall balance of spectrum’s alternative uses within WBB allocations.
Concerning the UHF band, ETNO believes that it is very important to define a channel plan for the 700 MHz band compatible with APT plan and so to be able to harmonise it with possible extensions downwards.
The development of a long-term strategic policy on the future convergence shall, however, not delay the preparatory work regarding the allocation of the 700 MHz band for the mobile service at the WRC-15. ETNO believes that, in the long-term, terrestrial spectrum in the lower frequencies band should be predominantly destined to WBB applications.
JOINT REPLY TO THE COMMISSION’S CONSULTATION ON THE CIVIL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Our pan-European organisations, Cable Europe, ECTA, ETNO and EuroISPA, represent the European electronic communications industry that is comprised of both national and pan-European fixed and mobile telecoms operators, Internet Services Providers (ISPs) and cable companies. The European electronic communications industry plays a crucial part in connecting European citizens and businesses to information, news, entertainment and cultural content.
We welcome the opportunity to provide comments in relation to the Commission’s Consultation on the Civil Enforcement of Intellectual Property Rights and to underline the essential role played by Internet intermediaries in building consumers’ trust in the digital environment and in developing the Information Society services of the future.
Civil enforcement of intellectual property rights: public consultation on the efficiency of proceedings and accessibility of measures - ETNO considerations
ETNO is the European association representing approximately 40 member companies in the telecommunications market across 35 European countries. Besides being network and Internet access providers, many ETNO members also offer hosting services. In addition to this, many members are also content providers and are active in the promotion and provision of legal content services. As such, ETNO is very much interested in this debate.
Consultation of e-Business Stakeholders for the WSIS+10 Review
The C7 e-Business action line covers the following items:
a) Governments, international organizations and the private sector, are encouraged to promote the benefits of international trade and the use of e-business, and promote the use of e-business models in developing countries and countries with economies in transition.
b) Through the adoption of an enabling environment, and based on widely available Internet access, governments should seek to stimulate private sector investment, foster new applications, content development and public/private partnerships.
c) Government policies should favour assistance to, and growth of SMMEs, in the ICT industry, as well as their entry into e-business, to stimulate economic growth and job creation as an element of a strategy for poverty reduction through wealth creation.
RD392 - CMA ETNO response to Relevant markets review consultation
Electronic communications markets are undergoing profound changes. The revision of the Commission Recommendation on Relevant Markets (the Recommendation) presents a unique opportunity to adapt ex-ante regulation to the needs of electronic communications markets in the EU in the coming 6 – 8 years.
ETNO Reflection Document on “Article 28(2) Universal Service Directive: a harmonised BEREC cooperation process - Consultation paper”
The Association of European Telecommunications Network Operators (ETNO) would like to thank BEREC for the opportunity to participate in the Consultation on “Article 28(2) Universal Service Directive: A harmonised BEREC cooperation process”.
The proposed BEREC cooperation mainly with the NRAs process has been thoroughly analyzed, and, since it mainly relates to regulatory and legal issues inside NRA legal roles and powers, additional suggestions are possibly outside the operators’ scope.
ETNO Reflection Document on “Draft ECC Recommendation 12(04): Numbering for VoIP Services”
The Association of European Telecommunications Network Operators (ETNO) would like to thank the CEPT/ECC (Electronic Communications Committee) for the opportunity to comment on Draft ECC Recommendation 12(04) “Numbering for VoIP Services”.
 The European Telecommunications Network Operators' Association (ETNO) is representing 38 major companies, which provide electronic communications networks over fixed, mobile or personal communications systems in 35 countries. ETNO is Europe's leading trade association. More information about ETNO can be found at: www.etno.eu
Response to DG Trade’s Public Consultation on regulatory issues for a possible future EU-US trade agreement
There is a wide consensus that Information and Communication Technologies (ICTs) are a key driver of economic growth on account of their multiplier effect across all sectors of the economy, providing the foundation for global competitiveness and job creation in manufacturing, agriculture and services. ICTs have experienced a radical transformation in the last decade with the development of the Internet as a common platform where convergent voice, data and video services are provided by a range of actors running on top of traditional network operators and not subject to the same legacy regulations.
ETNO believes that a holistic vision with a common understanding of the ICTs ecosystem should be an objective for the EU and US Administrations and should be reflected in their approach towards a Free Trade Agreement to ensure a level playing field among all actors involved in the provision of ICT services. As competitive dynamics change with the entrance of new players, the goal of ensuring open markets for ICT services across the Atlantic should come in parallel with a more flexible approach towards the provision of telecommunications services, a stronger reliance on ex-post application of principles of competition law and a broader perspective on the positions of dominance that are held across the value chain.
ETNO Reflection Document: ECC WG NaN Green Paper - Long Term Evolution in Numbering, Naming and Addressing 2012-2022
The Association of European Telecommunications Network Operators (ETNO) would like to thank the CEPT/ECC (Electronic Communications Committee) WG NaN (Working Group Numbering and Networks) for the opportunity to comment on the Draft Final of Green Paper on “Long Term Evolution in Numbering, Naming and Addressing: 2012 – 2022”.
ETNO appreciates the difficulty of the task undertaken by the WG NaN to outline potential evolutions of a complex and multi-dimensional area ten years ahead in an environment as diverse as the 48 CEPT countries. In response, this paper merely intends to provide comments on the Green Paper for further discussions and related workshops; it does not have the ambition of setting out ETNO’s perspective on that same evolution.
On a general note, ETNO also observes that the introduction of the paper emphasises a potential trend for E.164 numbers to be used chiefly as ‘names’ within ten years. Whilst ETNO understands (and endorses) the growing importance of IP-based technologies (and addresses) and social media addressing schemes, we would note that as far as numbering plan evolutions are concerned, most current evolutions under study on national or international numbering plans for the next five years are related to the use of phone numbers as “addresses”, which may be seen as being in contradiction with this long term vision.
That vision seems also to argue for a gradual disappearance of “service numbers” like short numbers. This is not consistent with the current approach of harmonisation.
ETNO Reflection Document on BEREC 2013 WP
ETNO’s 40 telecoms members are making long-term investments in the broadband networks of the future in order to help boost competitiveness, foster development of the Internal Market and benefit EU consumers and businesses. Europe’s electronic communications industry is a key enabler of smart and sustainable growth and it is important to ensure that the appropriate regulatory environment is in place in order to ensure continued investment during difficult economic times.
ETNO response to the Commission Public Consultation on specific aspects of transparency, traffic management and switching in an open Internet
ETNO welcomes the present consultation. ETNO members provide access to the Internet over more than 300 millions broadband connections (fixed and mobile) in the 27 EU Member States and beyond, making ETNO companies a guarantor of an open, accessible and sustainable Internet ecosystem.
ETNO Expert Contribution on the European Commission Consultation “Improving Network and Information Security (NIS) in the EU”
With a view to the forthcoming EU Strategy on Cyber-security, expected by end 2012, the Commission has launched this public consultation on “Improving Network and Information Security (NIS) in the EU” in order to gather input from interested stakeholders.
ETNOC02 - ETI - ETNO Contribution DG trade cons
ETNO Response to DG Trade’s Public consultation on the future of EU-US trade and economic relations
This position paper is ETNO’s contribution to DG Trade’s Public Consultation on the future of EU-US trade and economic relations. It stresses some aspects of the ETNO contribution to the EU-US High level Working Group on Jobs and Growth consultation (April 2012).
RD384 - ETNO Response to [Draft] EU Guidelines for the Application of State Aid Rules in Relation to the Rapid Deployment of Broadband Networks
- ETNO supports the Commission’s recently announced new policy / regulatory approach for the broadband investment environment and believes that the revision of the State aid Guidelines for broadband networks should take due account of these new objectives.
- ETNO agrees with the European Commission’s cornerstone principle that public funding should remain complementary and should not substitute the investments of market players.
- State aid measures should not try to determine technology choices but rather should remain technology neutral and support the market’s choice of the most appropriate and efficient technologies and services to reach the Digital Agenda targets.
RD377 - ECC WG NaN Green Paper - Long Term Evolution in Numbering, Naming and Addressing 2012-2022
ETNO would like to thank the CEPT/ECC (Electronic Communications Committee) WG NaN (Working Group Numbering and Networks) for the opportunity to comment on the Green Paper on “Long Term Evolution in Numbering, Naming and Addressing: 2012 – 2022”.
ETNO very much welcomes the statement that “efficient and effective regulations in the area of numbering, naming and addressing are only possible after a detailed and well informed dialogue with all the involved stakeholders…”
RD378 - ETNO Response to Mediation Process Concerning Private Copying and Reprography Levies
ETNO welcomes the opportunity to contribute to the debate launched on how to tackle the existence of disparate levy systems throughout Europe and the need to adapt the functioning and scope of the levies in the today’s fast evolving digital environment.
Any modification in the regulatory framework should be aimed at fostering, and not hampering, the development of innovative services and facilitating their use by the users.
RD376 - ETNO Comments on the EC Proposal for a General Data Protection Regulation (GDPR)
ETNO welcomes the European Commission’s commitment to maintaining Europe’s high standards in the protection of personal data while at the same time ensuring better harmonization throughout the EU and achievement of a fully internal market.
The latter objective can only be reached via a Regulation and therefore ETNO fully supports the choice of this legal instrument.
RD374 - Modernizing the scope of the telecommunications chapter on EU trade agreements: addressing the convergence between telecommunication services and the transmission of audiovisual services
This position paper highlights the rationale behind adapting the current scope of the chapters on telecommunications services relating to the trade agreements that the EU Commission is negotiating with third countries.
RD375 -ETNO Contribution to Public Consultation on EU – US High Level Working Group on Jobs and Growth
At the EU-US Summit meeting of 28th November 2011, leaders directed the Transatlantic Economic Council to establish a High-Level Working Group on Jobs and Growth, led by the US Trade Representative and EU Trade Commissioner. This Working Group is tasked to identify policies and measures to increase EU-US trade and investment to support mutually beneficial job creation, economic growth, and international competitiveness.
RD372 - Position Paper - ETNO response on the Draft BEREC report on Co-investment and SMP in NGA networks BoR (11) 69
ETNO welcomes the present consultation on a draft report on co-investment and significant market power. We encourage BEREC to in particular reflect the following elements in its final report.
RD 373 - ETNO Response to the Draft BEREC High Level Principles on Issues of Non-Discrimination
ETNO welcomes the consultation launched by BEREC on the high level principles associated with non-discrimination. This is a matter of great impact and importance to ETNO members and ETNO hereby submits answers to the questions that are of concern to the association.
RD371 - Position Paper - ETNO answer to BEREC Report on Impact of Fixed-Mobile Substitution in Market Definition
ETNO shares BEREC’s analysis that the degree of fixed-mobile substitution varies considerably between member states. Overall, fixed-mobile substitution effects are becoming more relevant and, where present, should lead to a reconsideration of current obligations imposed on fixed network operators.
RD370 - ETNO Reflection Document - Comments on Draft ECC Report 178 “Open and Closed Dialling Plans”
ETNO would like to thank the Electronic Communications Committee (ECC) for the opportunity to comment on the Draft ECC Report 178 “Open and Closed Dialling Plans” and considers that the report offers a very valuable and useful viewpoint on the issue of closed/open dialling plans.
RD366- ETNO Reflection Document - ETI ETNO comments FCC on Foreign ownership
On October 21st, the Federal Communications Commission published in the US Federal Register a Notice of Proposed Rulemaking (NPRM) in which it seeks comments by December 5th 2011 (with possible extension) on the procedures it has applied over many years when scrutinising foreign investments in wireless spectrum licences.
RD365 - ETNO Reflection Document - ETNO Response to the EU Consultation on Costing
ETNO welcomes and shares the concern of the Commission over the deployment of next generation access networks in Europe. ETNO members are contributing more than two thirds of NGA investments in Europe. Over the past year our companies have engaged in a constructive dialogue with the European Commission on how to improve conditions for high-speed broadband roll-out in Europe.
RD364 - ETNO Reflection Document - ETNO answer to EU-consultation on Non Discrimination
ETNO welcomes the consultation launched by the European Commission on non-discrimination. This is a matter of great impact and importance to its members. ETNO hereby submits answers to the questions that are of joint concern to the association.
RD363 - ETNO Reflection Document - on new Business to Consumers 2015 place-of-supply VAT rules for telecommunications services
The new B2C 2015 place of supply rules for telecommunications services will have a big impact on telcos’ businesses, will result in huge costs and may create an unworkable situation and/or irresolvable problems in relation to a non-domestic customer base and the small amount of revenue from individuals resident in another Member State (much less than 1 %).
RD362 - ETNO Reflection Document - Reponse to the European Commission’s Green Paper on the Online Distribution of Audiovisual Works in the European Union
ETNO believes that the Commission’s Green Paper on Audiovisual Works provides an important basis for the necessary debate on the policy options needed in order to develop a sound framework within which European industry and European consumers can benefit from the digital single market and to improve Europe’s competitive position.
RD361 - ETNO Reflection Document on BEREC 2012 WP
BEREC’s work in 2012 should primarily focus on creating a regulatory framework that incentivises private investment in high-speed wireline and wireless networks. ETNO welcomes BEREC’s intention to carry out work on regulatory accounting, Next Generation Access networks and the implementation of the EU framework provisions on net neutrality in 2012. ETNO thinks that market definition and the impact of reduced mobile termination rates on the mobile sector for its 2012 WP should also be considered.
RD360 - ETNO Reflection Document - Response to the BEREC Consultation on Draft Guidelines for Transparency and Net Neutrality
ETNO members are committed to providing transparent and meaningful information to end-users on their services of choice and as required by the existing telecoms regulatory framework. Network management is an indispensable means to control network congestion. ETNO believes that BEREC has correctly identified the key areas relevant for the implementation of transparency
RD359 - ETNO Reflection Document - Response to BEREC call for contributions on cross border accessibility of numbers
ETNO welcomes the opportunity to respond to this questionnaire about crossborder issues under Article 28 of the Universal Service Directive (USD). According to ETNO, there are no problems evident in the EU Member, States ETNO reiterates the difficulties and disadvantages of provisioning access to all national non-geographic service numbers between EU Member States. ETNO has serious concerns regarding, in particular, national non-geographic service numbers access provisioning at the international level.
RD358 - ETNO Reflection Document - Response to the public consultation on the ePrivacy Directive: circumstances, procedures and formats for personal data breach notifications
Data breach notification systems must remain valuable for end-users and excessive notifications, without due cause, must be avoided. “Undue delay” in notification to individuals should be the shortest period possible but it may not be appropriate to define a specific timeframe in legislation. Standardized notification forms may be useful when notifying authorities. However, flexibility around communicating with subscribers/individuals should be allowed.
RD357 - ETNO Reflection document - Response to next Phases of the UNGIS Open Consultations on the Overall Review of the Implementation of the WSIS Outcomes (WSIS+10)
ETNO supports the proposal made during the United Nations Group on Information Society (UNGIS) meeting to devote the next WSIS Action Lines Forum to the WSIS Review.
RD356 - ETNO Reflection Document replying to the public consultation on Cloud Computing
ETNO belives there is no need for specific regulatory or legislative action on cloud computing. In particular, there should be no new consumer rights introduced. General rules of data protection and consumer protection should be applied to all actors. The main barriers include divergent implementation of the Data Protection and Data Retention Directives. Interoperability, standardisation and data portability are key issues.
RD355 - ETNO Reflection Document - Reply to the public consultation on the Revision of the Community Guidelines for the application of State aid rules in relation to rapid deployment of broadband networks.
The Commission’s Broadband Guidelines provide a solid framework to assess the use of public funding for broadband network development. In this position paper, ETNO believes that in order for the EU2020 Strategy and the Digital Agenda targets to be fully reached, further funds should be made available for the rollout of NGA networks. In addition, next generation mobile networks should no longer be excluded from the NGA definition in the State aid broadband Guidelines.
RD354 - ETNO Reflection Document – Response to Draft ECC Decision ECC/DEC(11)EE on “Reserving the National Number Range 111 for Long Term European Harmonisation Purposes”
In this position paper, ETNO wishes to explain the drawbacks about reserving the National Number Range 111 for Long Term European Harmonisation Purposes.
RD353 - ETNO Response to the Draft ECC Decision ECC/DEC(11)FF on the “Withdrawal of ECTRA/DEC(96)01 regarding ETNS, ECTRA/DEC(96)48 regarding ETNS, ECC/DEC(04)07 on ETNS Conventions”
ETNO welcomes the opportunity to respond to the Draft ECC Decision ECC/DEC(11)FF on the withdrawal of ECTRA and ECC decisions re ETNS. In this position paper, ETNO explains its point of view about the closure of the ETNS.
RD352 - ETNO Reflection Document - Draft ECC Recommendation (11)07 on “Usage and Reservation of National Short Numbers Beginning with 11X”
In this position paper on Draft ECC Recommendation (11)07 on “Usage and Reservation of National Short Numbers beginning with 11X”, ETNO explains the drawbacks about usage and reservation of the national short numbers beginning with 11X.
RD351 - Response to the National Telecommunications and Information Administration of the US Department of Commerce on the Internet Assigned Numbers Authority (IANA) Functions
ETNO believes that management of the Internet Assigned Numbers Authority (IANA) functions should transition from a Government oversight contractual responsibility to that of the Internet Corporation for Assigned Names and Numbers (ICANN). ETNO is deeply concerned that the IANA functions could be used as a means to verify or revisit decisions made on new generic top level domain (gTLD) delegations. Such delegation decisions should be made according to the process set out in the new gTLD Applicant Guidebook.
RD350 - ETNO Reflection Document on the EU Green Paper on the future of VAT
VAT should be charged by the supplier irrespectively wherever the customer in the internal market belongs. Input VAT should be recovered in the country of the customer, as in ordinary tax returns. VAT revenue to be distributed among Member States should be based on macroeconomic data.
RD349 - ETNO Reflection Document commenting on the Roadmap for moving to a competitive low carbon economy in 2050
ETNO welcomes the Commission roadmap towards a low carbon economy but calls on EU policy makers to ensure that the role of the ICT and broadband networks and services in achieving better energy efficiency is fully reflected. Sector-specific roadmaps and national low carbon plans should include concrete incentives for other sectors of the economy to embrace low-carbon solutions.
RD348 - ETNO Reflection Document - Response to the National Telecommunications and Information Administration of the US Department of Commerce on the Internet Assigned Numbers Authority (IANA)
This is the ETNO response to the NTIA consultation on IANA functions. In ETNO’s view, the responsibilities of the IANA functions should remain as a whole within ICANN and not fall under any direct government oversight. We urge ICANN to work towards fully implementing the Affirmation of Commitments and its resulting recommendations for improvement and in our cover letter we ask the US government to act as a catalyst in this direction.
RD347 - ETNO Reflection Document on the Application of Directive 2004/48/EC on the Enforcement of Intellectual Property Rights
Directive 2004/48/EC regarding the enforcement of intellectual property rights (hereinafter “IPRED”) played and continues to play a crucial role in providing Europe’s right holders with a high level of intellectual property right protection. The IPRED is based upon principles that remain valid today and that should be maintained.
It is premature to propose any revision of the current Directive as the information available on the impact of the Directive is too limited and its effectiveness at this stageis sufficient. Any future eventual revisions must be coherent with the current ISP liability regime.
Enforcement of IPRs should not be seen as the sole solution of illegal downloading by itself: a more holistic view is necessary, focusing on how to increase offers and consumption of legal content. Measures established and applied in accordance with the IPRED must be viable for all parties concerned, must be proportionate to the gravity of infringement, must also respect the fundamental rights to a presumption of innocence, the right to a fair trial, the right to privacy and the right to the confidentiality of communications.
RD346 - ETNO Reflection Document - Comments on draft ECC Recommendation (11)02 "Calling Line Identification and Originating Identification"
- ETNO welcomes the opportunity to comment on the draft ECC Recommendation (11)02 "Calling Line Identification and Originating Identification”.
- ETNO agrees with most of the recommendations and only wants to offer suggestions to clarify some of them.
RD345 - ETNO Reflection Document - Comments on draft ECC Recommendations (11)03 "Numbering and addressing for Machine-to-Machine Communication"
- ETNO welcomes the opportunity to comment on the draft ECC recommendation (11)03 "Numbering and Addressing for Machine-To-Machine (M2M) Communications.
- ETNO agrees that national numbering policies for M2M communication are required to support the potential demand for specific M2M applications, and as a consequence, considers that no harmonised approach is needed in Europe.
RD344 - ETNO Response to the Public Consultation on the Review of the Functioning of Regulation (EC) No 544/2009 (the "Roaming Regulation")
If measured against the initial rationale of the roaming regulation, current regulation has reached its prime objective to protect consumers. Future regulation should carefully balance this objective with other policy goals, based on an assessment of costs and benefits. The roaming target in the Digital Agenda for Europe of lowering the difference between national and roaming charges to close to zero by 2015, should be seen as one potential means to achieve the policy goals regarding roaming, not as a policy objective in itself. Such an approach risks creating major distortions of competition and further increases regulatory costs. Legislative proposals should be subject to a thorough impact assessment.
EU policy to roaming should be consistent with the principles of the EU electronic communications framework, in particular with the principles of necessity and proportionality. Some of the regulatory options considered could lead to a competition regime which is not aligned with the existing regulatory framework. Some approaches would put at risk other goals of the Digital Agenda such as universal access to broadband networks for EU citizens.
As documented by the BEREC report on roaming regulation, wholesale data roaming charges are subject to competitive pressures. Growing data volumes and pressure from established alternatives to mobile roaming for accessing data communication from abroad will moreover accelerate the trend towards attractive data roaming retail offers, justifying a light-touch approach to the growing data roaming market.
RD343 - ETNO Reflection Document - Response to the European Commission questionnaire on the future harmonisation of numbering resources for the provision of business services
For more than ten years, ETNO has expressed its absolute reservations regarding the European Telephony Numbering Space (ETNS) concept. ETNO believes that it is now time to recognise that this concept was basically flawed, because there is no viable commercial demand. Pursuing the same remit as proposed in this renewed approach would only lead to unnecessary costs.
Instead, all European business customers can use ITU-T administrated global numbers, already well known by end users.
RD342 - ETNO Reflection Document on the EC Public Consultation on the Communication on a comprehensive approach on personal data protection in the European Union
ETNO welcomes that the Communication stresses and reaffirms the twofold objective of the Directive 95/46/EC: protection of fundamental rights and freedoms of natural persons, and free flow of personal data between Member States. An eventual revision of the Directive should seek the right balance between both objectives. A revision that would only focus on protecting the fundamental right to data protection would forget the second pillar of the Directive.
ETNO believes that only strong data protection will help the completion of the internal market, by building trust and confidence. Cross-border data flows are more and more frequent and the current rigid EU rules applying to the transfer of data to third countries do not seem adequate anymore. It is necessary to simplify international data transfers, especially, within a same “group of companies”. The current review of the Directive should aim at creating a true “level playing field” for all businesses. All EU based and non-EU based online service providers that run websites and services which target European citizens, should benefit from the same level playing field, regardless to the fact that the controller has an establishment within the EU.
RD341 - ETNO Reflection Document in reply to the public consultation on the Draft RSPG opinion on Common Policy Objectives for WRC-12
In general ETNO supports the views expressed in the draft RSPG opinion. The WRCs of the ITU-R and their decisions are of great importance for the mobile industry. Among the WRC-12 Agenda Items, the most important from the operators’ point of view are Agenda Items 1.17, Agenda Item 1.2 and Agenda item 1.19.
RD340 - ETNO Reflection Document to BEREC Consultation on Cross-border Issues under Article 28 of Universal Service Directive
ETNO has concerns regarding non-geographic numbers access provisioning at international level, as there are existing unresolved issues. The Association explains the disadvantages of provisioning access to all non-geographic numbers in Member States and presents its views on the consultation questions.
RD338 - IGV ETNO ATRT recommendations
ETNO welcomes the opportunity to contribute to the consultation on the draft proposed recommendations of the Review Team of Accountability and Transparency of ICANN.
ETNO supports most of the draft recommendations and highly anticipates that the final recommendations will be implemented in a timely manner.
RD339 - ETI Triple-play services in MERCOSUR
FTA negotiations, including the ongoing talks with MERCOSUR, use the “Reference Paper” annexed to the “WTO Telecommunications Agreement” as a basis. This covers important “standard” aspects of telecommunications and ETNO acknowledges that they are already well covered in the current texts. Crucial aspects which go beyond the “Reference Paper” aim at stimulating and protecting investments in this sector: elimination of foreign equity limits on telecom and audiovisual services; assuring the principle of National Treatment; and suppressing unduly restrictive market access conditions. On the latter it is necessary to take an updated and modern approach to market access in converged market segments. For example, in the two main markets of MERCOSUR – Argentina and Brazil – current restrictions prevent ETNO member companies from offering television services and thus, developing their full portfolio.
RD333 - ETNO Reflection Document on the future of electronic commerce in the internal market and the implementation of the e-Commerce Directive
ETNO welcomes this consultation on the future of electronic commerce in the internal market and the implementation of the Directive on Electronic Commerce. The current EU legal framework on e-commerce - in particular the provisions related to intermediaries’ liability - strike the right balance amongst the interests of the different stakeholders. The framework respectd fundamental principles and rights, in particular freedom of speech, freedom of access to the internet and the right of privacy.
However, some stakeholders, in particular right-holders, are arguing for an increased liability for electronic communications operators concerning the content of communications transported over their networks. Any modification in this direction of the current liability regime for intermediaries as provided for by the e-Commerce Directive would be contrary to the basic principles of freedom of speech and privacy and go against the principle of proportionality and non-discrimination amongst actors of the value chain.
ETNO acknowledges the limited takeoff of e-commerce and believes that the causes for this situation can be found in various factors, such as the lack of harmonised consumer protection rules, the insufficient availability of instruments for electronic payments, the lack of multi-territorial licenses for online content, insufficient consumer trust and knowledge, etc. Therefore, ETNO believes that the Commission should focus on the development of harmonised rules in the aforementioned fields and organise information campaigns addressed to users. The revision of the e-commerce directive, in particular the provisions related to intermediaries liability, is not the right instrument to remove the barriers to e-commerce and to encourage innovation and market development.
RD334 - ETNO Reflection Document commenting on the draft BEREC Work Programme for 2011 agreed by the BEREC Board of Regulators
- ETNO welcomes the new role of BEREC in working towards consistent and proportionate regulation in Europe under the revised EU regulatory framework for electronic communications.
- We encourage BEREC to prioritise its work in 2011 by taking into account the political goals of the “Digital Agenda for Europe” to achieve a high degree of high-speed broadband availability and take-up in the European Union.
- ETNO calls upon BEREC to address two urgent regulatory challenges regarding current and future broadband markets in its work programme (WP):
- the need for a more symmetric approach to access regulation -- in particular, for next generation access networks (NGA);
- the effects of platform competition -- in particular, the increasing importance of cable networks -- on market definitions and the imposition of remedies.
- ETNO encourages BEREC to focus its harmonisation efforts. The issue of business services-specific regulation has been addressed by ERG and BEREC in 2009 and 2010 and appears adequately addressed by NRAs in their respective markets. BEREC should not expend further resources on this work item.
- ETNO welcomes the continued work of BEREC on the issue of regulatory accounting and encourages BEREC to continue to promote economically sound solutions in a dialogue with all stakeholders and with the European Commission. An EU-level approach to access product costing, which would be disruptive to established and effective national practices, would severely undermine regulatory certainty for investors in the transition from current to next generation broadband and result in further delays in the roll-out of high-speed access networks in Europe.
RD335 - RPOL BEREC FS guidance
As ETNO argued during the 2007-2009 ‘Telecoms Review,’ the proposed introduction of functional separation into the Framework was not based on any cost-benefit analysis or regulatory impact assessment. Instead, it was politically motivated, linked to NRAs reliance on mandatory unbundling and the concept of the ‘ladder of investment’ in their implementation of the Framework.
Existing access remedies under the Framework can be imposed to ensure non-discrimination by imposing rules on an operator deemed to have significant market power (SMP). In the context of the Telecoms Review, NRAs – supported by the European Commissioner for Information Society and Media at the time -- claimed that these remedies “might not be enough” to prevent discriminatory behaviour from a vertically integrated operator. “ERG (the European Regulators Group) believes functional separation can be a supplementary remedy in markets where non-discrimination has been shown to be ineffective in dealing with problems of equivalence in wholesale markets.” they concluded on foot of a high-level, non-quantitative analysis.
Now, as then, ETNO also argues that insufficient attention has been given to the theoretical and empirical case against functional separation.
 See ETNO RD265, “ETNO Reflection Document on a functional separation remedy in telecoms,” June 2007.
 See ERG (07)44, “ERG Opinion on Functional Separation,” October 2007.
RD336 - ETNO Reflection Document commenting on draft BEREC Report on relevant market definition for business services
- ETNO welcomes this public consultation by the Body of European Regulators for Electronic Communications (BEREC) on its draft report on relevant market definition for business services, BoR (10) 46.
- ETNO concurs with many of the principles identified in the report and encourages BEREC and national regulatory authorities (NRAs) to continue to refer to the SMP-guidelines of the European Commission when delineating separate or common markets for business and residential services.
- A market analysis should start with the possible delineation of separate markets for business services at retail level before the corresponding wholesale market is analysed. ETNO agrees with BEREC that the finding of two or more separate retail markets for services to residential and business customers is a relevant but not sufficient criterion for indentifying the corresponding wholesale markets.
- Any business-customer-specific market delineation -- and potential subsequent remedies -- must be driven by a thorough market analysis. ETNO is concerned that the draft report considers basing market analyses on a summary data collection which would not allow a detailed analysis of conditions of competition but would be limited to input by specific operators on how they delineate business services (paragraph 76 f.). Clarification on this point is needed urgently.
 Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (2002/C 165/03),
RD337 - ETNO Reflection Document on the BEREC consultation “Electronic communications services: ensuring equivalence in access and choice for disabled end-users”
- ETNO welcomes the opportunity to contribute to future BEREC work on the area of “ensuring equivalence in access and choice for disabled end-users”. European telecommunications operators, such as ETNO members, are willing to grant the highest possible level of equivalence in the provision of electronic communications services to their final customers with disabilities, taking into account national circumstances.
- The new art. 23a of Directive 2009/136/EC allows member states to enable national regulatory authorities (NRAs) to specify requirements to be met by undertakings providing electronic communications services to ensure that disabled end-users have equivalent access to and choice of undertakings and services that are available to the majority of end-users and provides a mechanism to apply relevant obligations to all electronic service providers.
- ETNO believes that a harmonised approach should be taken regarding the new task of NRAs in this field, allowing them to pay due attention to national circumstances. We also believe that the views of operators should be taken in the utmost account when implementing the new provisions of the Directive.
RD330 - ETNO Reflection document - Comments on the Draft ECC Report 153 on Numbering and Addressing in Machine-to- Machine (M2M) communications
ETNO agrees that national numbering policies for M2M communication are required to support the potential demand for M2M applications and endorses the conclusion of the report that no harmonised approach is needed in Europe, regarding the solutions to address the impact and needs on numbering and addressing of M2M services.
RD331 - ETNO Reflection document - Comments on the Draft ECC Report 154 on the Evolution of geographic numbers
- ETNO finds the scarcity of numbers is not a reason for removing requirements for geographic information.
- A specific need for nation-wide location number portability for geographic numbers should be assessed in the market before considering it as a reason to support location independent numbers evolution.
- Nation-wide location number portability is a one way move which induces significant costs due to technical and business impacts. Such decisions must be preceded by large consultations with all stakeholders and can ultimately only be a part of a long term numbering strategy.
- ETNO believes that this draft Report highlights interesting points but further work is necessary to complete this analysis and reach a conclusion on this issue.
RD332 - ETNO Reflection document - Comments on the Draft ECC Report 155 on “Number Portability Procedures”
- Number portability is a fundamental element to consolidate competition on the market. ETNO urges Member States to take a very cautious approach when transposing the Directives into national legislation.
- Too far-reaching requirements which could be unrealistic for operators and unreliable for customers should be avoided. The practical implementation and the duration of service interruption are critical issues.
- Consumers should not be faced with loss of service beyond one day or preferably less. ETNO recalls the need to distinguish residential from business customers, due to specific complexity of number portability on complex installations for business customers.
EC105 - ETNO Expert Contribution – Cost accounting for key access products in the transition to NGA
ETNO made this proactive submission to the Directorate-General for Information Society & Media to raise the issue of pricing of key wholesale access product on copper-based broadband networks and its impact on investment in next generation access networks (NGA).
RD329 - ETNO response to the Commission consultation on the Open Internet and Net Neutrality
For ETNO the economic context of the open internet debate includes:
- The European ICT sector requires major investment in next generation fixed and mobile high-speed networks in the coming years. The European Commission’s Digital Agenda sets ambitious targets for the availability of high-speed broadband by 2020.
- Commissioner Kroes has repeatedly stressed the need for a regulatory framework which promotes private investment in next generation networks characterised by both high speed and high quality. Investment in these smart broadband networks in Europe crucially depends upon network operators’ freedom to innovate and develop new business models in the market in line with EU competition and consumer protection rules.
- Starting from strong market positions in other areas of the internet, internet-based content and service providers increasingly operate in electronic communications services (ECS) markets. Openness and quality of internet-based services in many cases depend on both network operators’ and internet players’ behaviour.
- Any analysis of internet openness therefore has to take into view the internet economy as a whole, not just isolated parts of it. Otherwise, EU policy risks aggravating distortions of competition caused by the application of different regulatory regimes to electronic communications network operators on the one hand and internet content and application providers on the other. This is particularly the case in the field of ex-ante market regulation, consumer protection and data protection.
RD328 - ETNO Reflection Document commenting on the Draft ECC Report 152
ETNO strongly believes that any revision of the regulatory framework and in particular of the ERC Decision (00)07, that will constrain the radio relay network development in the 18 GHz band, should eventually be taken into account only after the completion of the ECC Report 003 revision and after detailed investigations on the compatibility issues.
RD325 - ETNO Response to BEREC consultation on procedures for public consultations held by BEREC
The January 2010 Rules of Procedure (RoPs) of the Board of Regulators (BoR) should be considered provisional until the completion of this consultation. If the RoPs are considered final, as implied in the consultation document, this consultation is rendered meaningless.
ETNO has serious concerns about how the BEREC is interpreting and implementing its obligation to consult interested parties as per Article 17 of the “BEREC Regulation”. In particular,
• we find the discretion that the BoR has granted itself in assessing “cases where the input and comments of stakeholders is required” is exceptionally broad and could allow for public consultation to be avoided;
• we find that the proposed 15-20 working days do not constitute a “reasonable period” for public consultation, deviating from the practice of the European Regulators Group, from that of BEREC member national regulators and from that of the European Commission.
ETNO thus calls for the RoPs and the draft “Procedures for Public Consultations held by the BEREC” to be amended to address these concerns.
RD327 - ETNO Reflection Document on the future direction of EU trade policy
This Reflection Document lists ETNO’s replies to the 20 questions in the European Commission DG TRADE public consultation on a future trade policy (close 28 July 2010). The Association’s comments were submitted via the EC’s dedicated web tool.
RD324 - ETNO Reflection Document on universal service principles in e-communications
ETNO calls upon the Commission to conduct a thorough, systematic review of the universal service regime on par with the review of the directives of the regulatory framework for electronic communications networks and services completed in 2009. Please read-on to see ETNO's detailed comments. On one important aspect, we do not believe that the universal service regime should play a role in meeting the “broadband for all” objective which is a widely-stated public policy objective at both national and European levels. Where broadband coverage cannot be achieved on a commercial basis, EU and national policy instruments and public financing, as listed in Annex 3 of the consultation document, should be utilised.
RD322 - ETNO Reflection Document on the first Radio Spectrum Policy Programme
ETNO agrees that spectrum issues are of strategic importance and strongly supports coordination of spectrum management policies and common initiatives at European Union-level. The RSPP should address all types of radio spectrum usage within EU jurisdiction and provide incentives in order that the goal of spectrum optimisation applies to everyone -- and not only to electronic communications networks (ECN) and network services (ECNS).
Even while the industry works to improve spectral efficiency, mobile spectrum usage is growing at such a rate that, without additional spectrum allocation, the industry will not be able to keep up. Other regions in the world are taking more aggressive steps to add commercial mobile spectrum. The U.S. National Broadband Plan recommends making 500 MHz of spectrum newly available for broadband by 2020, with a benchmark of making 300 MHz available by 2015. In this global scenario the European Union should also have an active long term policy to increase spectrum resources for mobile broadband and needs to take into account trends that extend to at least 2020.
Furthermore, the paper replies to detailed questions formulated in the RSPP consultation.
RD323 - ETNO Reflection Document commenting on the RSPG opinion on the Radio Spectrum Policy Programme
ETNO welcomes the establishment of multi-annual radio spectrum policy programmes whereby a long term vision that extends to at least 2020 is necessary. The Association agrees with the general directions defined in the RSPG opinion on the radio spectrum policy programme.
ETNO supports the harmonisation of spectrum usage and appreciates flexibility of usage by moving towards technology neutrality which however requires a very careful approach on a band by band basis.
ETNO supports the harmonisation of usage and regulation of the 790- 862 MHz band all over Europe for medium and low power bidirectional communications networks and a clear deadline should be set. Furthermore, medium and long term availability of additional spectrum for electronic communications will be essential for new communication services development and should be made available timely and sufficiently as e.g. in the US.
RD321 - ETNO Reflection Document commenting on BEREC Work Programme 2010
ETNO has serious concerns that this first ever BEREC consultation is setting a precedent, allowing an unreasonable period for public consultation in contravention of Article 17 of the “BEREC Regulation”.
ETNO also has serious concerns about BEREC’s reliance on “reports” to develop preliminary positions – and in particular, about the fact that for such reports it is decided on a case-by-case basis whether to organise a public consultation and/or a public hearing.
In light of economic and market developments since the consultation on the ERG Work Programme 2010 in autumn 2009, among others increasing inter-platform competition in NGAs and the continuingly difficult NGA investment case, we do not believe that BEREC should simply adopt the 2010 IRG/ERG Work Programme as its own. We call upon BEREC to reconsider the scope of its draft Work Programme and to consider devoting effort to other areas, such as "Symmetric access obligations" and "Impact of platform competition on market definition and remedies".
RD319 - ETNO RD on ERG draft report on the regulation of access products necessary to deliver business connectivity services
ETNO recalls the need for a transparent and balanced approach to interaction with stakeholders by the ERG and BEREC when developing regulatory guidance. ETNO agrees that NRAs should assess whether it is appropriate to define a separate market for services supplied to some or all business customers and to analyse the geographic scope of the market carefully, provided this approach is consistently followed at the level of wholesale and retail markets. We believe that a more granular analysis of the markets for services to businesses could create significant scope for deregulation.
The draft report does not provide evidence of a lack of effective competition on business services markets across EU member states. As such, the report’s findings on market definition and remedies are inconclusive. Against this background there appears to be no justification to define a detailed list of “best practice” regulatory remedies in Annex 2 of the report. The Annex should not feature in the final report, unless a far more thorough analysis and justification is provided.
RD320 - ETNO Reflection Document in response to the discussion draft: “Affirmation Reviews – Requirements and Implementation processes” presented by ICANN
ETNO largely supports the discussion draft "Affirmation Reviews” presented by ICANN.
ETNO is concerned that the proposed size of the Review Teams is far too small and these must be enlarged. Given the key role Review Teams play and bearing in mind the various major stakeholders of ICANN, a proper representation, diversity and balance must be found within each Review Team. ETNO proposes that additional members participate in the Review Teams and that GNSO is represented in all Review Teams by at least one member.
ICANN experience and expertise related to the review topic are key requirements and should be prioritized in the member selection criteria. Members selected from SOs/ACs must act in their own personal capacity; however certain linkage with the SO/AC they represent is expected.
On the understanding that the first review on Accountability and Transparency must be completed by 31 December 2010, a deadline which creates many concerns about timing and quality of the work, ETNO proposes that this first review takes place as a pilot process and that a second review takes place soon after the first one (the second cycle could start in September 2011).
RD315 - ETNO Reflection Document in reply to the EC “Creative Content Online” consultation
ETNO supports the approach taken by the DG Infso and Markt “Reflection Document on Creative Content in a European Digital Single Market: Challenges for the future” namely;
- Putting the Consumer at the heart of the debate
- Recognizing that the basis for any discussion must be the differences between various categories of protected works
- Recognizing the fact that the problem of illicit file-sharing is complex and must be addressed by a multitude of measures.
ETNO’s focuses on how best to achieve a real and future-oriented single digital market for Europe. There are still obstacles preventing its development, such as the lack of EU-wide and multi-territory licensing arrangements.
Since the “digital economy” has become a key priority it is important to ensure consistency with existing policy initiatives. The aim of any initiative must be to meet customer demand for price-worthy, secure and user-friendly services - to develop new attractive business models.
RD316 - ETNO Reflection Document on a possible revision of the 18 GHz band regulatory framework in Europe
The 18 GHz band is heavily used by the fixed service in Europe, providing operators with a unique opportunity to implement very high capacity links with long hop length. The ERC Decision (00)07 defines the rules for the use of the band, which was the result of a long debate. ETNO therefore opposes any reopening of the discussion on the band and in particular any revision of the ERC Decision (00)07 that will constrain the radio relay network development.
RD317 - ETNO Reflection Document on Taking stock of the Sharm El Sheikh meeting and preparing for the IGF 2010 Meeting
ETNO and its members are fully committed to the IGF process. This document contributes to the discussions on Taking Stock of the Sharm El Sheikh IGF meeting, as well as to the preparation of the 5th IGF meeting in Lithuania, ahead of the open consultation in Geneva (9 February 2010).
RD318 - Reflection Document on the Radio Spectrum Policy Group 2010 Work Programme
ETNO expects that 2010 will be challenging, focusing on the implementation of the new provisions on management and spectrum use as defined in the recently approved Telecom package. The RSPG 2010 Work Programme should provide guidelines whereby it is important to seek continuity while improving the work developed in the past. It would be useful to continue monitoring and supporting wireless broadband developments, which should be included specifically in the 2010 Work Programme.
ETNO believes that it is of great importance that all stakeholders are given the possibility to comment on the RSPG Opinions, Reports and Papers. This is particularly relevant in the case of actions envisaged by the RSPG in connection with the first Multiannual Radio Spectrum Policy Programme.
RD311 - ETNO Reflection Document with Comments - In the Matter of Broadband Study Conducted by the Berkman Center for Internet and Society – NBP Public Notice #13
ETNO believes that a robust empirical approach is required, if independent research and analysis are to be used for policy advice. In our non-exhaustive review of the qualitative country case studies in the draft report, “Next Generation Connectivity: A Review of Broadband Internet Transitions and Policy from Around the World” (the “Berkman study”), ETNO has found numerous factual errors, inaccuracies and inconsistencies. These call into question the quality and objectivity of the empirical work conducted, and the empirical foundation for the study’s main regulatory findings on ‘open access’ policies.
RD312 - Reflection Document on Bill & Keep for IP interconnection charging
These are ETNO comments on the ERG draft “Common Position on Next Generation Networks Future Charging Mechanisms / Long Term Termination Issues,” ERG(09) 34.
- The Association believes that regulatory intervention as regards future charging mechanisms for IP interconnection, such as the mandatory ‘Bill & Keep’ (BaK) regime proposed, is inappropriate and premature;
- The European Commission’s “Recommendation on the Regulatory Treatment of Fixed and Mobile Termination Rates” foresees the continuation of the calling party network pays (CPNP) charging mechanism through 2013 and beyond;
- An assessment of the impact of the development of cost-oriented, termination rates and the implementation of symmetry between larger and smaller operators under the existing CPNP regime should be considered in the first instance;
- A strict separation of transport and service layer under a BaK regime, would not allow the end-to-end QoS necessary to provide high quality, secure and time-critical services in an NGN environment;
- The proposed mandatory BaK regime would be plagued with arbitrage, adverse selection and free rider problems;
- A regulatory obligation for BaK charging does not have a legal basis within the EU Regulatory Framework and is counter to key principles for the implementation of the Framework.
EC104 - ETNO Expert Contribution on the on-going ACTA negotiations
The EU and other countries such as the US are negotiating the Anti-Counterfeiting Trade Agreement (ACTA) dealing with the trade of counterfeit goods and copyright infringement. Leaks from the process point to disproportionate and wide-ranging measures. ETNO wishes to raise concern over the lack of transparency in the process. We are concerned such a sensitive issue is not discussed with all the relevant stakeholders instead of being negotiated behind closed doors. To that effect we call on Members of the European Parliament – particularly in view of the newly acquired powers on trade agreements - to raise the issue well in time before the ACTA negotiations are concluded at the beginning of 2010.
Our main concern relates to the focus of negotiations on the basic “mere conduit” notion in EU legislation. The mere conduit principle is necessary for the benefit of Freedom of Expression, Privacy and an Open Internet. European principles regarding fundamental citizens’ rights and access to knowledge, most recently further defined in the new EU Telecom’s Package, should not be twisted by an ACTA agreement concluded behind closed doors, without public input and democratic participation.
RD313 - ETNO Reflection Document on the EC Public Consultation on the Framework Data Protection Directive
ETNO welcomes the EC public consultation on the legal framework for data protection. The current EU legal framework introduced a high level of protection. However, in the light of the speed of technological change, some adjustments may be necessary to maintain the same level of protection of individuals’ fundamental rights while, at the same time, improving legal certainty and flexibility for EU companies
The basic principles of the Framework Data Protection Directive (Directive 95/46/EC) are still valid. More than modifying the current Framework Data Protection Directive, emphasis should be put on ensuring harmonisation amongst Member States’ national laws and effective implementation.
RD314 - ETNO Reflection Document on draft RSPG report on Cognitive Technologies
Studies performed so far have demonstrated that Cognitive Radio Technologies (CRT), although look promising for certain applications, do need further developments before being put in place. ETNO therefore believes that the introduction of CRT should only happen when the detection of primary users has been demonstrated to be efficient, and their application should focus on “under-used” frequency bands.
RD310 - ETNO Reflection Document on the ERG Draft 2010 Work Programme
ETNO understands that the 2010 ERG Work Programme is of transitional nature in view of the establishment of the successor Body of European Regulators for Electronic Communications (BEREC) in 2010. ETNO believes that BEREC should consult with stakeholders on its work programme as soon as possible after its establishment. A key success factor for BEREC will be its transparency. Furthermore ETNO calls for a direct stakeholder involvement in the development of regulatory guidance under the new framework.
RD309 - ETNO Reflection Document in reply to the public consultation on post-i2010 - Priorities for new strategy for European information society (2010-2015)
The ICT sector, in particular broadband, is key to EU economic development, efficiency growth, recovery from the crisis and will contribute to a sustainable low carbon economy. Next-generation broadband networks will have positive benefits for consumers, businesses and society. Investments in such technologies should be a top priority in the Commission’s digital agenda for the years to come. The consultation rightly places NGA investments at the top of the priorities. ETNO believes that very high speed broadband networks should be built by private entities unless conditions for state aid apply.
CP084 - ETNO Common Position on the ECC draft Decision on “Reserving the National SMS Numbering Range Beginning with '116' for Harmonised SMS Numbers for Harmonised Services of Social Value”
ETNO welcomes the possibility to contribute to the EEC consultation and remains committed to ensuring the best useable outcome for the vulnerable groups who are the intended beneficiaries of these services. ETNO is however not convinced that the use of SMS to access 116xxx social service numbers represents any additional value to the potential users nor does it meet any demand - being mindful of the complexity of using SMS for these services.
RD306 - ETNO response to the RSPG public consultation related to the draft Opinion on the coordination of EU spectrum interest: Preparation of ITU World Radio Communication Conference of 2011
ETNO agrees with the necessity to identify as early as possible the main agenda items of ITU World Radio Communication Conference 2011. In particular, among the WRC-11 Agenda Items, the most important from the operators’ point of view are:
•it is important that the mobile allocation of the sub-band 790-862 MHz is not changed for Europe.
•a more flexible international regulatory approach is possible as long as it does not conflict with the objective of world-wide harmonisation and interference free operation of public mobile radio services
•the introduction of new “cognitive” devices requires the regulatory studies to be performed before any change in the Radio Regulations is decided.
RD307 - ETNO Reflection Document in response to the Commission Recommendation on regulated access to Next Generation Access Networks (NGA)
Next generation access (NGA) networks are a key prerequisite for Europe’s future competitiveness and the participation of its citizens in the global information society. ETNO welcomes the Commission’s ambition to provide a policy framework for NGA deployment with the present Recommendation on access to NGA and the forthcoming guidelines on state aid for broadband networks. The Commission guidance should promote private investment in NGA networks through a consistent approach in both documents.
ETNO supports the objectives of the draft Recommendation to foster investment and innovation in new and enhanced infrastructure while preserving strong market competition. We welcome the Commission’s recognition of the increased risks incurred by undertakings investing in NGA networks.
ETNO is concerned that the Recommendation, if adopted in its present form, will not achieve the stated objectives of innovation, competition and, in particular, investment in next generation access networks. The draft foresees extensive access and price control obligations imposed on operators of new NGA network as the standard regulatory solution, and largely transposes the current regulation of copper networks to the NGA environment. This approach is not in line with the conclusions of the spring European Council and the preliminary agreement by the European Parliament and Council on the legislative review proposals aimed at adapting the current regulation to yet-to-be-built NGA networks in order to encourage investment in these networks.
RD308 - ETNO contribution to the ECC consultation “Increasing trust in Calling Line Identification and Originating Identification”
ETNO is supportive of the goal of the ECC with regard to Calling Line Identification (CLI) and Originating Identity (OI), but believes that there are still several issues that need to be resolved.
RD303 - ETNO Reflection Document in response to the National Telecommunications and Information Administration of the US Department of Commerce Inquiry , on the Assessment of the Transition of the Technical Coordination and Management of the Internet’s Do
ETNO renews its support for the transition of ICANN towards a fully independent and fully privatised organisation, accountable to all stakeholders. Such a move demands that ICANN becomes fully accountable to its multistakeholder community, by completing the required implementation plan by the expiration of the JPA at the end of September 2009. If this cannot be achieved by that date, ICANN must, as a minimum, commit to achieving that and also ensuring that the new accountability mechanism is reflected within its bylaws, within a period of one year from that date.
RD305 - ETNO Reflection Document on the Online Commerce Roundtable Conclusions consultation
The overall licensing system in Europe is much more complex than the US as copyrighted content including music are directed to the country of residence. Against this background ETNO supports the promotion of competition between collecting societies on the market for rights management. Furthermore, regulation for multi-territory licensing should be harmonised for all types of content, not only for music. In general, it is essential that licensing solutions are adapted to the online environment.
RD301 - ETNO Reflection Document on the draft Programme, Format and Schedule for the 2009 IGF meeting
This document presents the views of ETNO and contributes to the discussions on the draft Programme, Format and Schedule for the 2009 IGF meeting in Sharm El Sheikh, Egypt, ahead of the 2nd open consultation in Geneva (13 May 2009).
RD302 - ETNO Reflection Document in response to the "Implementation Plan for Improving Institutional Confidence" presented by the ICANN President’s Strategy Committee
ETNO renews its support for the transition of ICANN towards an independent organisation which enjoys improved institutional confidence. ETNO requests that detailed information about the implementation of the recommendations be published as soon as possible.
RD299 - ETNO Reflection Document on Taking stock of the Hyderabad meeting and the way forward, as well as on the Review of the IGF
ETNO and its members are fully committed to the IGF process and participate in both the preparatory open consultations and the IGF meetings. This document contributes to the discussions on Taking Stock of the Hyderabad meeting and the way forward, as well as to the discussions on the review of the IGF.
EC100 - Expert Contribution on the Principles for the use of the last IPv4 /8 address space in the RIPE NCC Region
ETNO, using its previously agreed principles with regard to IPv4 address exhaustion, proposes a set of principles to be considered when developing a RIPE policy on the use of the last IPv4 /8 address space.
EC101 - Expert Contribution on issues relating to numbering resources used for Services of Social Importance
ETNO thinks the current reservation mechanism is appropriate to support the development of consumer awareness of 116 for Services of Social Importance. As for other related emerging services such as ETTIN, ETNO believes that existing global numbering resources, that minimise the impact upon current national numbering schemes and that meet the requirements of the applicant, are more appropriate.
EC099 - ETNO Expert Contribution in reply to the Public consultation “Towards a Strengthened Network and Information Security Policy in Europe”
This is ETNO’s input to the European Commission on the future objectives of a strong and coordinated Network and Information Security Policy.
Internet Network and Information Security challenges require a strong, coordinated European response without unnecessary regulatory burdens on e-communications service and network providers. To this end the EU should foster enhanced cooperation at the international level with other entities. A “culture of security” should be promoted among all ICT users.
RD298 - ETNO Reflection Document on the “Questionnaire for the Call for Input in the fundamental review of Commission Decision 2005/050/EC on automotive Short-Range Radar”
ETNO believes that the SRR is already well regulated in Europe. ETNO opposes changing the regulation in place once more and considers that the cut-off date (2013) is to be respected. Furthermore the 24 GHz solution has to remain the only interim solution up to the cut-off date, and after that date SRR will have to be deployed in the 79 GHz band only.
RD297 - ETNO Reflection Document on the Customs classification of Mobile Phones
Mobile phones are covered by the Information Technology Agreement (ITA), but other Information and Communication Technology (ICT) products such as Global Positioning System (GPS) receivers are not. The Nomenclature Committee (NC) of the European Union is evaluating whether sophisticated mobile phones should be reclassified and made subject to customs duties in line with products such as GPS-units, TVs and video cameras In this paper ETNO stresses that the move to reclassify multifunctional mobile telephones should not lead to higher customs tariffs. The Association urges the EU to respect its WTO commitments, promote free and fair trade and avoid obstructing the advance of the IT industry, as this is both the foundation for and the driver of industrial development.
RD294 - ETNO Reflection Document on the draft ERG 2009 Work Programme
ETNO looks forward to a continued interaction with ERG in 2009. We are confident that ERG will adhere to high standards of quality and transparency in its work, including adequate deadlines for stakeholder consultations. In 2008 ERG has proven it can play an important role in finding reasonable and facts-based solutions to regulatory challenges. We encourage ERG to continue to act as a counterbalance in case of initiatives which may harm the sector rather than contribute to its sustainable long-term development.
RD295 - ETNO Reflection Document in response to the Commission Recommendation on regulated access to Next Generation Access Networks (NGA)
ETNO is very concerned that the draft Recommendation does not yet provide the required response to the increased risks involved in NGA investment and therefore will not facilitate those investments in Europe. ETNO supports the stated goals of the Commission to promote investment and competition in NGA and to foster sustainable infrastructure-based competition. The Association welcomes the more targeted ‘graduated approach’ to regulation which takes account of different competitive conditions in different regions in particular with regard to infrastructure competition. ETNO finds the Recommendation should remain neutral as regards the technology used for the roll-out of fibre networks to premises and the aspect of legal certainty should be re-enforced in the Recommendation.
The Reflection Document highlights in detail the draft Recommendation elements where significant changes are required, which includes the issues of regulatory response to investment risk (introducing the concept of risk sharing), gradation of remedies and geographic segmentation, the need to address symmetric sharing obligations, pricing principles for existing assets, the approach to new markets, and the choice of technology and network architecture.
Annexed to the Reflection Document is an elaborate economic analysis of “Competition dynamics in broadband networks and the competitive impact of NGANs”.
RD296 - ETNO Reflection Document in reply to the EC consultation on “Future networks and the Internet” – early challenges regarding the Internet of things
More than before, the fast deployment of NGNs must be a priority for the EU when considering policy issues or support actions for the future of the Internet. Discussed in the paper are security aspects, the protection of personal data, identity management, and naming as critical parts of any RFID application architecture. Obligatory measures should remain proportionate and avoid implying unnecessary burdens that could prevent innovation and deployment of new technologies.
Furthermore, ETNO is convinced that to support the large number of emerging applications for the Internet of Things, the underlying network technology must be inherently scalable, interoperable, and have a solid standardization base, avoiding that a multitude of de facto standards emerge at either application, industry sector or regional level, which would inhibit global interconnectivity.
EC098 - ETNO Expert Contribution on IP Addressing in a Post IPv4 World Reallocation of resources
ETNO has considered the new version of the RIPE 2007-08 Policy Proposal Enabling Methods for Reallocation of IPv4 Resources, submitted for discussion in the RIPE Address Policy Working Group mailing list. ETNO believes this revised version that provides for additional criteria to demonstrate the need for an LIR to receive IPv4 addresses trough transfer, is significantly improved. Therefore ETNO will support this Policy Proposal. Still there are outstanding considerations regarding the extent and effect of this proposal that should be addressed by the community.
RD293 - ETNO Reflection Document in response to the 2nd round of consultation “Improving Institutional Confidence” launched by ICANN
ETNO reiterates its strong support to the multi-stakeholder model ICANN is built. The Association supports the general direction proposed by the Presidents Strategy Committee in order for ICANN to transition to a fully independent organisation. Nevertheless, most of the ETNO comments from the first round of consultation remain valid.
RD292 - ETNO Reflection Document on EC consultation on the draft Recommendation on “The Regulatory Treatment of Fixed and Mobile Termination Rates in the EU”
Over the last decade, considerable work has been invested by operators and regulators to develop and implement TR regulation. This has led to a set of accepted regulatory practices and costing principles on which business is based and which should not be disrupted.
ETNO is concerned with all the provisions in the draft concerning common and joint costs, particularly mobile licence and coverage costs, and considers that the corresponding paragraphs should be suppressed from the final version of the Recommendation.
ETNO agrees with the draft Recommendation on the issue of symmetry of TR between different mobile networks and between different fixed networks respectively and encourages adopting a faster glide path to reach such symmetry. We acknowledge that the level of symmetric TR may be derived from the costs incurred by an efficient operator model but strongly disagree on essential elements on how such models should be built.
RD289 - ETNO Reflection Document on the Programme, Agenda and Format of the Hyderabad Meeting, ahead of the 3rd open consultation
ETNO has been working for many years on a range of policy issues associated with the information society, including Internet governance and the World Summit on Information Society process. Many ETNO member companies attended the Athens and the Rio IGF meetings and participated in the preparatory open consultations. This document describes how telecommunications network operators view organizational (programme, agenda and format) as well as content issues for the preparation of the Forum’s third meeting in Hyderabad, India.
RD290 - ETNO Reflection Document in response to ECC/ CEPT consultation on Fixed-Mobile Convergence with Survey of Numbering Related Issues
ETNO has considered the arguments being raised in the ECC/ CEPT consultation on Fixed-Mobile Convergence with Survey of Numbering Related Issues and has substantial concerns on certain issues presented in this report. These relate to the characteristics of the FMC services suggested in the report, regulatory issues relevant to Interconnection and in particular voice termination and the interpretation of the concept of technological neutrality under the EU framework, as well as conclusions on CLI presentation, emergency call handling and number portability. ETNO calls for an in-depth review of the CEPT Report on Fixed-Mobile Convergence.
RD291 - ETNO Reflection Document on the Practical Application of the New B2B Place of Supply Rules applicable from 2010
ECOFIN adopted a VAT Package of proposals on 12th February 2008 which will bring in some changes in the way VAT is accounted for in Member States, principally with effect from 1st January 2010.
Chief amongst those changes will be that B2B supplies will be taxed under a general reverse charge so that when services are supplied cross border, and when supplier and recipient are in business, the VAT will be taxed according to where the recipient (customer) is established. ETNO welcomes the change to the general reverse charge principle but considers that some issues arise as a result of this which requires further guidance from the Commission to ensure a smooth and harmonised implementation of the new rules. In this paper, ETNO seeks to identify those issues and to make recommendations on how best to practically deal with those issues.
RD286 - ETNO Reflection Document in response to ERG consultation on Regulatory Principles of IP-IC/NGN Core
The Reflection Document is a reply to the ERG consultation on IP Interconnect (ERG (08) 26 rev1). ETNO is of the opinion that:
• A strict separation of transport and service layer would not allow the required end-to-end quality of service.
• Managed NGNs are a prerequisite for the fully secure networks of the future.
• The number and location of different PoIs will emerge as networks are rolled out. Ex-ante definition could lead to an artificial and more costly network structure then needed.
• The notion of “local level of interconnection” is not meaningful category in an NGN.
• NRAs’ powers to ensure interconnection, eg by selecting standards, should not be used unless persistent problems in end-to-end connectivitiy occur.
• Regulators should look at existing regulatory constraints on PSTN and remove these as far as they are obsolete in an IP environment.
• The best solution is to apply the Calling Party’s Network Pays logic to IP-based NGN-interconnection, at least for voice services. Mandated Bill&Keep would induce market distortions, lead to technical inefficiencies, fewer incentives to invest in QoS and would cause high transaction costs.
RD287 - ETNO Reflection Document in response to the consultation “Improving Institutional Confidence” launched by ICANN
ETNO supports the general direction proposed by the Presidents Strategy Committee. However, the document raises a number of serious concerns that need to be addressed prior to the expiry of the current JPA. ETNO suggests a way forward in a number of areas that should assist with that task.
RD288 - ETNO comments on the ERG draft common position on geographic aspects of market analysis
- ETNO welcomes the ERG consultation and the recognition of the fact that geographic aspects of market analysis have increased over the last years.
- Geographic segmentation should take into consideration the final goal of regulation to guarantee competition in retail markets. A too strong focus on competition in wholesale markets would ignore the competitive pressure exerted on consumer markets by the presence of cable operators for instance.
- Geographic differences should be properly studied and regulation has to reflect these realities, and allow the development of infrastructure competition where possible. Wholesale regulation of the SMP player should not weaken the business case for investing in next generation networks and /or upgrading existing infrastructures.
- In the ERG draft common position, ETNO is very concerned about the chapter on “possible implications” of sub-national markets or remedies. ETNO believes that if the market analysis is properly undertaken, the assessment of the possible implications has already been made in the market analysis.
RD285 - ETNO Reflection Document on the Digital Dividend in Europe
ETNO supports the harmonisation of part of the 470-862 MHz band for broadband wireless access as proposed in the Commission Communication “Reaping the full benefits of digital dividend in Europe”.
Therefore, ETNO supports the identification of a reserved harmonised sub-band of the 470 – 862 MHz for bi-directional broadband communications and favours a flexible channel plan with different options, also extending below 790 MHz, in order to be applied in particular national situations.
CP083 - ETNO Common Position on the use of creosote for impregnation of telephone poles
Under the revision of the Biocide Directive 98/8/EC, creosote which is widely used to impregnate telephone poles, may be banned, being considered as hazardous. ETNO considers that a controlled, continued use of creosote for the impregnation of telephone poles should be permitted. A ban would result in very high costs and radically increased carbon dioxide emissions as currently there is no sustainable alternative. ETNO therefore asks the European Commission to perform a socio-economical analysis of the consequences of the proposed creosote ban, as well as to take such action that continued use of creosote as a wood preservative is permitted.
RD281 - ETNO Reflection Document on Termination Rates
Considerable work has been invested by operators and regulators to develop and implement Termination Rates (TR) regulation. This has led to valuable, accepted regulatory practices on which business is based and which should not be unnecessarily disrupted. The experience currently gained should be integrated in the future Recommendation.
ETNO finds regulating termination rates should be done in relation to today’s main challenge which is the take-off of mobile data services, as a complement and not as a substitute to mobile voice service. The recommended scope of relevant costs to regulate termination rates should correspond to Long Run Average Incremental Costs, as it is already the case today. The paper spells out differences in network cost allocation - for voice and data - between fixed and mobile networks.
RD282 - ETNO Reflection Document in reply to the European Commission consultation on “Creative Conditional Access”
This is ETNO's reply to the Conditional Access Consultation. In ETNO’s view, cross-border pay-TV markets are, and will remain, fragmented mainly because of the linguistic factor and therefore there is no significant commercial interest in developing these broadcasting markets. The risk of overlapping regulation between different areas, such as between Conditional Access and Digital Right Management systems, should be carefully avoided.
RD283 - ETNO Reflection Document in reply to European Commission stakeholder Consultation on Levies
ETNO welcomes the opportunity to comment on the Commission’s Stakeholder Consultation on Fair Compensation for Acts of Private Copying. ETNO recognises the importance of rights holders to be properly compensated, but believes that the system of copyright levies is outdated and not suited to the European Information Society. Instead, remuneration should be, as far as possible, directly directed towards the usage and the relevant users rather than on all users through levies.
RD284 - ETNO Reflection Document on the draft programme outline and schedule of the 3rd IGF meeting, ahead of the 2nd open consultation
This document describes how telecommunications network operators in ETNO view organizational and certain Internet Governance Forum (IGF) content issues. It contains suggestions for improvements for the Forum’s third meeting in Hyderabad, 3-6 December 2008. These views were submitted to the 2nd open preparatory consultation meeting, held in Geneva on 13 May 2008.
RD275 - ETNO Reflection Document in reply to the IGF Questionnaire “Taking stock and the way forward”
This document describes how telecommunications network operators experienced the Rio Internet Govenance Forum and contains suggestions for the third IGF meeting in New Delhi as regards organizational and content issues. Furthermore this document reflects standing ETNO positions on Internet governance and the IGF process as such.
RD276 - ETNO Reflection Document on the IGF Advisory Group
This document describes how ETNO sees certain issues related to the work of the Advisory Group, which is an integral part of the IGF preparatory process. More specifically, ETNO address the issues of transparency and rotation of its members, in reply to the relevant call of the IGF Secretariat.
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.
RD278 - ETNO Reflection Document in Response to the Notice of Inquiry from the United States Department of Commerce on the Midterm Review of the Joint Project Agreement with ICANN
This is ETNO's reply to the NTIA inquiry on “The Continued Transition of the Technical Coordination and Management of the Internet’s Domain Name and Addressing System: Midterm Review of the Joint Project Agreement” (Docket No. 071023616–7617–01).
ETNO reiterates its strong support to the private multi-stakeholder model ICANN is built on. The Association believes ICANN has made significant progress on meeting the terms of the Joint Project Agreement. ICANN should complete the transition to an International Organisation in its own right. ETNO is confident that ICANN, together with its stakeholders, will meet the requirements of the transition.
RD279 - ETNO Reflection Document in response to the public consultation on the CEPT Report 019
ETNO welcomes and supports the basic conclusions of the CEPT Report 019. However, as less experience is currently available with this new concept, ETNO suggests taking a careful “case by case” / “band by band” approach.
RD280 - ETNO Reflection Document in reply to the Creative Content Online consultation
The position paper is ETNO's reply to the consultation following the publication of the "Communication from the Commission on Creative Content Online in the Single Market", COM(2007)836 final of 03.01.2008.
- ETNO supports the goal of DRM interoperability. Standards, implementation and use of DRMs should be market-driven.
- ETNO supports promotion of competition between collecting societies for rights management. Each collecting society should be able to grant multi-territorial licenses.
- ETNO wants to emphasize that the best way to counteract illegal file-sharing of copyrighted material is through the availability of accessible, secure and price-worthy legitimate content. In the area of copyright infringement, there is also a need for adapting court-based procedures to situations created by new technology.
- ETNO questions the approach of filtering for the purposes of tackling copyright infringement and asks the Commission to reconsider.
RD274 - ETNO Reflection Document on the ERG draft Common Position on symmetry of mobile/fixed call termination rates
This is the ETNO reply to the ERG public consultation on the draft Common Position on the symmetry of mobile/fixed call termination rates. ETNO supports the principle of symmetry between FTRs and between MTRs in each country, but not between FTRs and MTRs. Furthermore, the Association thinks asymmetric TRs should disappear from regulation as fast as legally feasible.
EC095 - ETNO Expert Contribution commenting on EGEA Committee “Operational Needs for Access to Emergency Services”
In this Expert Contribution, ETNO presents its comments on the document “Operational Needs for Access to Emergency Services” EGEA07 -02 v1.3, issued following the 18 December 2007 Expert Group on Emergency Access (EGEA) meeting. Detailed remarks are formulated on various paragraphs. In particular, ETNO finds that the currently non-existing video calling functions suited for sign language and lip reading as well as IP-based real time platforms should be mentioned as part of the supplementary operational needs instead of the core requirements.
RD273 - ETNO Reflection Document on a common European approach to the use of the spectrum released by the Digital Dividend
ETNO welcomes the European Commission Communication on reaping the full benefits of the digital dividend in Europe via a common approach to the use of the spectrum released by the digital switchover. ETNO believes that a spectrum sub-band for bi-directional wireless access networks should be coordinated at EU level, as proposed by the Commission.
RD271 - ETNO Reflection Document on the draft ERG 2008 Work Programme
ETNO looks forward to a continued interaction with ERG and hopes that in 2008 ERG adheres to high quality standards, impartiality and transparency in its work, including adequate deadlines for stakeholder consultations. ETNO encourages ERG to thoroughly review the conception of its Common Positions on remedies harmonisation and hopes the impact of technological and market developments will be fully included in its work on future regulatory challenges.
RD272 - ETNO Reflection Document on the draft ERG Common Position on best practice remedies for relevant markets for “wholesale leased lines”
ETNO calls into question the “objectives” identified in the draft Common Position. It is unclear how these have been established and how they relate, in particular, to the relevant articles of the EU Access Directive.
We are greatly concerned with a number of the specific proposals for remedies to be applied on the markets for wholesale terminating and trunk segments of leased lines, as well as with the ERG presenting a definition of “wholesale leased lines,” apparently for determining the scope of the ERG position. The Common Position should remove the market for wholesale trunk segments of leased lines from the recommended list, in line with the proposed Recommendation.
ETNO invites the ERG to formulate a new draft CP more closely linked to the proposed EU Regulatory Framework, better reflecting the limited scope of future regulation and the principle of proportionality of regulation, one of the key principles of the Framework’s Directives.
CP082 - ETNO Common Position on IPv4 Exhaustion
Exhaustion of IPv4 public address space is anticipated to happen in 2010. This requires urgent action by all stakeholders in order to manage the exhaust process and facilitate transition to an alternative solution. ETNO proposes a series of principles to assist in understanding selecting the most appropriate managed solutions.
RD270 - ETNO Reflection Document on the Consultation Paper “Possible introduction of an optional reverse charge mechanism for VAT – Impact on businesses”
ETNO finds it is the responsibility of fiscal and law enforcement authorities to tackle VAT fraud. This responsibility should not be placed on businesses, while we furthermore consider the proposals will not effectively tackle the problem. They will create unforeseeable, substantial administrative costs for businesses that we demonstrate running into many millions of Euros for just one operator. This equally runs counter to the overall objective of reducing burdens on businesses as established in the Lisbon Strategy.
EC093 - ETNO Expert Contribution on “Proposals for additional 116 numbers to be included in the Decision following the public consultation” - COCOM07-31
The Association calls for a strict application of the selection criteria defined in the "Decision 2007/116/EC on reserving the national numbering range beginning with ‘116’".
RD267 - ETNO Reflection Document in reply to the consultation “Preparing for the Second Meeting of the IGF”
This Reflection Document describes how telecommunications network operators view organizational and content issues, in preparation of the next Internet Governance Forum in Rio de Janeiro in November. It has been submitted to the IGF Secretariat as ETNO input to the 3 September 2007 consultation meeting.
RD265 - ETNO Reflection Document on a functional separation remedy in telecoms
Functional separation on a voluntary basis – irrespective of the underlying reason – should remain the decision of individual companies. ETNO is concerned that current Commission discussions on a potentially mandatory functional separation remedy are out of touch with the realities of today’s competitive multi-platform telecommunications markets. It would damage prospects for deregulation by creating artificial business units in need of permanent regulatory oversight and lead to an increased fragmentation of the European market. The current elaborate set of remedies already aims at ensuring non-discrimination. Shortcomings in national implementations would be aggravated, not solved, by putting another remedy at the disposal of the regulator. Such an irreversible tool is far more costly and disruptive than other remedies under the current EU Framework. It is likely to result in underinvestment and creates uncertainty while Europe’s broadband development requires massive investment in NGA.
EC092 - ETNO Expert Contribution to ECC NNA WG on Calling Line Identification Integrity
The ECC NNA WG has made some proposals to update its decision on Calling Line Identification. The purpose of this Expert Contribution is to list the issues and the concerns that ETNO has identified in relation to the justification and the content of the Decision. Unfortunately there is a lack of detailed information to support the proposed changes, and the proposed changes do not reflect a technologically neutral approach.
RD266 - ETNO Reflection Document on ERG consultation on Regulatory Principles of NGA ERG (07)16
The Reflection Document is ETNO’s reply to the ERG Consultation Document on Regulatory Principles of NGA (ERG (07)16). The latter describes Next Generation Access roll-out and the regulatory implications stemming from FTTCab and FTTB/H scenarios, in particular adjustments to the Recommendation on relevant markets susceptible to ex-ante regulation and the EU Regulatory Framework.
RD260 - ETNO Reflection Document in response to the European Commission Questionnaire on new Free Trade Agreements
ETNO welcomes the effort of the EU Commission to launch free trade negotiations with a set of key regions and countries to the extent that they grant EU telecoms operators an additional layer of market access and juridical security to the one that might hopefully be achieved in the WTO Doha Round. The elimination of foreign equity restrictions and the ability to provide fixed and mobile telecom services, including convergent services, on an equal footing with local operators as well as transparency and regulatory predictability through full application of the Reference Paper, a better rule of law in general and the approach towards classification are the main issues at stake for ETNO members in these negotiations.
RD261 - ETNO Reflection Document in response to the ITU Consultation on Resolution 102 (Rev. Antalya, 2006)
The Position Paper is a reply to the ITU consultation on Resolution 102 (Rev. Antalya, 2006): ITU’s role with regard to international public policy issues pertaining to the Internet and the management of Internet resources, including domain names and addresses.
RD262 - ETNO Reflection Document in Response to the Green Paper on the Review of Consumer Acquis
ETNO believes that DG SANCO needs to approach the exercise with care. Attention must be given to the possibility that the benefits of new one-size-fits-all measures may be outweighed by their costs. The focus should instead be on specific problems where application of Better Regulation principles shows an unambiguous case for action at EU level. In the e-commerce sector, there is a need to consider adaptation of consumers’ traditional rights to new technology in a number of areas.
RD263 - ETNO Reflection Document on a European Common Position for WRC-07 agenda item 1.4 concerning the band 470-862 MHz
ETNO believes that the success of the development of innovative services is based on extensive cooperation between the different economic sectors involved in electronic communications and on an appropriate use of the radio spectrum resource.
RD264 - ETNO Reflection Document responding to the EC Public Consultation on a proposed framework for the selection and authorisation of operators to provide Mobile Satellite Services (MSS) across Europe in the 2 GHz frequency bands
ETNO welcomes the proposed approach for a Pan-European MSS Selection and Authorisation Process at the EU level and agrees with the MRP based procedure.
ETNO supports the general view that the regulatory framework to be applied to the 2GHz MSS bands must be based on principles which are demonstrably transparent, fair and non-discriminatory. ETNO takes the view that any station of the Complementary Ground Component (CGC) shall constitute an integral part of the Mobile Satellite System and shall be controlled by the satellite resource and Network Management System.
EC090 - Expert Contribution to the ITU-SG2 Correspondence Group on Child Helplines and Emergency Harmonisation, responding to proposed contribution TD CH
A paper circulated to the ITU Child Helpline and Emergency Harmonisation Correspondence Group, written by the ITU-T SG2 Chair is a proposed input paper to the next SG2 meeting. This ETNO Expert Contribution paper proposes a response submitted by the ETNO Office to the Correspondence Group, outlining certain issues and raising further questions over the source material.
CP079 - ETNO Common Position on the draft “Directive on the identification and designation of European Critical Infrastructure” and the report on “Availability and Robustness of Electronic Communications Infrastructures”
ETNO welcomes the Commission’s initiatives that will lead to a common approach at EU level and better protection of ECI. The position paper highlights the importance of coherent action across all sectors and countries, the need to respect proportionality and complementarities and to create a level playing field among all operators. ETNO supports all ten recommendations proposed in the ARECI study, except number seven on standardisation that should remain an industry-lead activity.
RD259 - ETNO Reflection Document on “Baseline Security for Network Operators”
This paper presents an overview of issues that require resolution and a proposal for amendments to the text developed by the Focus Group on Baseline Security for Network Operators set up under ITU-T Study Group 17. Changes are prosposed particularly to the technical and collaboration baseline sections of the draft guidelines.
CP080 - ETNO Common Position on the reuse of CCA and creosote impregnated telephone poles
In its Common Position on the reuse of CCA and creosote impregnated telephone poles” ETNO highlights the importance of harmonising their reuse and proposes to allow the re-sale of all used poles, including creosote and CCA poles. This would substantially reduce the overall amount of waste and the associated environmental burden.
RD257 - ETNO Reflection Document on the Audiovisual Media Services Directive proposal – Post European Parliament first reading and adoption of Council “general approach”
Following completion of the EP’s First Reading and adoption of a “General Approach” by the Council, ETNO believes that a number of issues still need be addressed in order to avoid unintended consequences and mitigate the harmful effects of the Directive’s extension to on-demand services. The definitions in Article 1 of the future Directive require particular attention.
RD258 - ETNO Reflection Document on review of the E-Commerce Directive
ETNO Members believe that the Directive has been a success. On the one hand, it provides a degree of legal certainty that is sufficient to encourage new investment, avoid distortions of competition and prevent barriers to the Single Market. On the other hand, its provisions are sufficiently flexible to accommodate the rapid evolution of technologies and markets. Consequently, there is no need for revision of the Directive. Indeed, in view of the scope for unintended consequences inherent in any revision attempt, such a step should be actively avoided.
RD253 - ETNO Reflection Document on “Issues arising from discussions on Numbering Resources for Child Helpline International”
ITU signed an MoU with Child Helpline International (CHI). Subsequent activities in ITU T SG2 have raised a number of issues associated with the possible allocation of numbering resources that require clarification, if any implementation is to be successful in support of CHI.
RD254 - ETNO RD on the ERG consultation documents "Effective Harmonization within the European Electronic Communications Sector” and “Harmonisation – The Proposed Approach”
• ETNO believes that the implementation of the EU Regulatory Framework should follow a consistent set of principles derived directly from the EU Directives.
• No one-size-fits all approach should apply with regard to regulatory measures.
• ETNO is very concerned with the development of “Principles of Implementation and Best Practice” (PIBs) for individual remedies.
• ETNO encourages ERG to develop PIBs for the imposition of remedies which take as best practice the minimal intervention adopted by an NRA within the EU. NRAs which wanted to impose remedies going beyond this practice would be obliged to specifically justify any additional remedies.
RD255 - ETNO RD on the draft ERG Common Positions on "Best practice in bitstream access remedies" and "Best practice in wholesale unbundled access including shared access"
• ETNO calls into question the policy “objectives” identified in the ERG draft common positions. It is unclear how these objectives relate to the objectives and principles of the EU Regulatory Framework.
• ETNO is very concerned with a number of the specific proposals for remedies to be applied on the markets for wholesale broadband access and unbundled local loops.
• ETNO invites the ERG to withdraw the proposed drafts and, if at all, continue the process with new proposals.
RD256 - ETNO Reflection Document on the EC consultation paper on modernising the value added tax treatment of vouchers and related issues
The Position Paper focuses on changes to the way vouchers (which are prevalent in the mobile industry for consumers) are taxed, because disparate EU wide treatment means that these may be supplied in such a way that either no tax or double tax results. The EU Commission has issued a consultation paper which ETNO has contributed to, with the intent of having further dialogues with the Commission so that a sensible and pragmatic solution results.
For Multi purpose vouchers (MPV), which are the most prevalent form in the telecommunications industry, ETNO finds VAT must be accounted for when these vouchers are used to receive a specific supply according to that supply. The supplier of the service has an obligation to account for the VAT at this point.
RD251 - ETNO Reflection Document on the ERG Broadband market competition report 2006
The ERG broadband market competition report does not attempt a robust empirical analysis of different broadband markets in the EU nor does it provide a sound economic underpinning for its assertions on the effects of regulation on broadband markets. ETNO remains greatly concerned with the ERG policy approach to broadband regulation. The ladder of investment approach as applied by ERG risks further delaying the emergence of sustainable competition and perpetuating a fragmented and inefficient market structure on European broadband markets.
RD252 - ETNO Reflection Document on the ERG IP interconnection consultation
ETNO believes it is premature to predict how points of interconnection and interconnection rates will be affected by a future NGN interconnection structure. A well-functioning interconnection market will find its own balance. The move towards NGN has the potential of removing existing bottlenecks; basic conditions to favour this are the existence of competition and the reliance on market forces. ETNO is therefore concerned about the underlying tendency to intervene on issues such as technical interfaces, protocols, technologies or QoS.
RD249 - ETNO Reflection Document on the draft ERG 2007 Work Programme
ETNO welcomes the very significant improvements in the transparency of ERG work, which risks however being undermined by the blurring of IRG and ERG activity. ETNO invites the ERG and the European Commission to develop a clearer idea of what kind of harmonisation is desirable to ensure an adequate and proportionate implementation of the regulatory framework. The objectives of further ERG work on harmonisation are not clearly outlined in the Work Programme. Furthermore, work on innovative and emerging markets should be guided by a bias against intervention.
RD250 - ETNO Reflection Document on the ERG draft Principles of Implementation and Best Practice for WACC calculation
Corrections for efficiency by a national regulatory authority (NRA) are unjustified in view of a market-driven determination of the cost of capital. Each of the discussed methodologies to calculate a divisional Weighted Average Cost of Capital (WACC) has serious drawbacks. PIBs should caution against a divisional calculation of WACC, which does not correspond to divisions of a company that already separately calculate their cost of capital. ETNO recommends a more thorough investigation of the theory and applicability of real options in the light of academic literature and current regulatory challenges.
RD245 - ETNO Reflection Document in reply to the public consultation on Content Online in the Single Market
In reply to the EC consultation on Content Online, ETNO gives its opinion on aspects such as data protection, content licensing, copyright infringement, DRM interoperability, Net neutrality, cultural diversity, and DRM and rightsholder remuneration.
EC088 - ETNO Expert Contribution on Community Framework for State aid for Research and Development and Innovation
ETNO thinks the framework requires some important adjustments. Focusing on smaller players may lead to the exclusion of whole sectors of the European economy. In particular ICT major actors could a priori not be allowed to benefit from state aid. Given the application of stringent ex ante rules for dominant players, we consider that the existence of a general interest and a market failure are necessary and sufficient conditions for granting state aid.
RD246 - ETNO Reflection Document in reply to the ECC Consultation on the draft new ECC/DEC/(06)MM
ETNO supports the Decision itself with the deletion of the explanation of the term â€œdesignateâ€ in the Scope of the Decision, the removal of the WAPECS reference and the addition of a call for â€œfair competitionâ€ in the decides section.
RD247 - ETNO Reflection Document with Comments on the Commission draft Recommendation on relevant product and service markets in the electronic communications sector
The proposed draft Recommendation is over-inclusive, i.e. subjects more markets to regulation than would be justified under the 3 criteria test set up by the Commission. As a result, many markets with a more advanced market development risk being subject to inappropriate regulation, impeding investment and stronger growth in Europe. To ensure harmonised principles across the EU and safeguard against inappropriate intervention at national level, the revised Recommendation should oblige NRAs to apply the 3 criteria test on each national market prior to regulatory intervention.
Please see the Reflection Document text for ETNO's detailed views on future inclusion in the Recommendation, or not, of retail calls markets, retail access markets, broadband markets, trunk and terminating segments of leased lines, transit services, mobile access and origination markets, broadcasting transmission markets, sms termination and whole-sale international roaming.
RD 248 - ETNO Reflection Document on the Commission Communication on a Review of the EU Regulatory Framework for electronic communications networks and services
The Reflection Document gives a detailed overview of ETNO positions on the following aspects of the 2006 E-communications regulatory Review:
- The technology and market context
- Regulatory approach, investment and innovation
- Structural and functional separation
- Approach to spectrum
- Streamlining market reviews
- Consolidating the internal market
- Consumer protection and userâ€™s rights
- Security issues
RD244 - ETNO Reflection Document on RFID
ETNO acknowledges the benefits of the RFID technology and welcomes the initiative of the EC regarding this broad consultation.Â ETNO believes that the use of radio frequencies should be harmonised to avoid interferences and thatÂ there is a need for adequate standardisation to allow interoperability. The AssociationÂ thinks there is sufficient regulation in place to deal with frequency management issues as well as with privacy issues.
RD242 - ETNO Reflection Document on the Strategic Development of ITU
This ETNO Reflection Document on the strategic development of ITU focuses on the following four main missions of the Union:
- development of technical standards
- coordination and management of the radio frequency spectrum
- â€œclosing the gapâ€
- global activities such as IPR, GMPCS MoU, etc.
ETNO finds that such core activities will permit ITU to operate close to market needs. In order to fully achieve this goal, ETNO thinks that a reform is more than ever necessary, and proposes some ideas to be discussed in the appropriate fora, such as with CEPT administrations in the context of the preparation of the next Plenipotentiary Conference, EC representatives, etc.
EC086 - ETNO Expert Contribution on the introduction of Multimedia Services in particular in the frequency bands allocated to the broadcasting service â€“ RSPG Opinion
ETNO supports the ideas proposed by RSPG to facilitate the introduction of multimedia services in the European Union. A coherent authorisation scheme, ensuring competition on a level playing field needs to be implemented. Harmonised use of broadcasting frequencies at the European level should be favoured.
EC087- ETNO Expert Contribution commenting on CoCom06-24: Guidelines on implementation and roadmap for Commission Decision on reserving the number range beginning with "116" for harmonised numbers for harmonised European services.
ETNO takes note of the draft Commission Decision, as published in CoCom06-24 and finds that the decision has come a long way since it was first introduced. Although the document represents an effort to decide upon outstanding issues, as identified in earlier ETNO contributions, a number of these issues still exist that need to be resolved.
RD243 - ETNOÂ Response to Notice of Inquiry from the U.S. Department of Commerce on the Transition of the Technical Coordination and Management of the Internet Domain Name and Addressing System
ETNO strongly supports the private multi-stakeholder model ICANN is built on. While ICANN has undertaken major improvement in order to respond to the issues and concern of its stakeholders, ETNO is confident that ICANN is maturing as an organisation to address the future and that the goal should be to transition as soon as possible to an International Organisation in its own right.
RD240 - ETNO Reflection Document as an input to a future European Commission Communication on SPAM
ETNO members are fully committed to develop active measures to combat unsolicited commercial communications (spam). ISPs and network operators are focusing on awareness raising, technical measures like filtering and the use of various kinds of lists.Â ETNO believes that a consistent and co-ordinated approach by all stakeholders involved (private and public) at the international level is needed.
RD241 - ETNO Reflection Document on draft ECC Decision on the designation of the bands 880-915 MHz, 925 960 MHz, 1710-1785 MHz and 1805-1880 MHz for terrestrial IMT-2000/UMTS systems
ECC PT1 started to work on a draft ECC Decision on the designation of the bands 880-915 MHz, 925-960 MHz, 1710-1785 MHz and 1805-1880 MHz for terrestrial IMT-2000/UMTS systems.
ETNO expects UMTS/IMT-2000 deployment in GSM bands from the year 2007 in some countries and therefore supports a timely completion of the work on this draft ECC Decision.
EC082 - ETNO Expert Contribution on the harmonised use of radio spectrum by equipment using ultra-wideband (UWB) technology in the European Union
ETNO supports the technical requirements contained in ECC/DEC/(06)04, which enable the harmonised long-term introduction of UWB devices in Europe while ensuring adequate protection of existing radio services from harmful interference. ETNO is equally in favour of their replication in a European Commission Decision pursuant to the Radio Spectrum Decision in order to implement these conditions within the EU single market.
EC083 - ETNO Expert Contribution on draft decision ECC /DEC/(06)EE on the harmonised conditions for devices using Ultra-Wideband (UWB) technology in the frequency band 3.1 â€“ 4.8 GHz
Interested parties have been invited to comment on draft ECC/DEC/(06)EE. In particular views are requested on a possible phased approach in the band 4.2 â€“ 4.8 GHz without mitigation techniques. ETNO has a strong preference for not allowing devices to be operated temporarily without mitigation techniques (on a phased basis). Instead, ETNO recommends permitting only those devices which have implemented mitigation techniques such as DAA.
EC084 - ETNO Expert Contribution on â€œDraft ECC Report 87 - The future of numbering
The European Telecommunications Network Operators' Association (ETNO) has carefully reviewed the Draft ECC Report 87 â€œThe future of numberingâ€.
The purpose of this Report is unclear. Its scope is restricted to the â€œfuture of E.164 numberingâ€, but does not take much into account new services. For most of the countries the Report does not take into account the technical problems industry could face when implementing the scenarios depicted to route the calls, charge the calls and negotiate interconnection agreements.
EC085 - ETNO Expert Contribution on â€œDraft ECC Report 86 â€“ Draft Report on Consumer Abuses and Fraud Issues relating to High Tariff Services
ETNO supports the intent of the ECC Report but by making both general and detailed comments, it seeks to demonstrate that other actions are required to address abuse and fraud. There are omissions from the Report that need to be addressed for it to be comprehensive and complete. Not enough is made of the role of revenue sharing or the lack of an appropriate regime that high tariffs numbers exist in.
RD239 - ETNO Reflection Document on the draft WIPO Treaty on the Protection of Broadcasting Organisations
ETNO Members share serious concerns regarding the draft Treaty which are linked to the documentâ€™s failure adequately to distinguish different technologies. In order to guarantee a technology-neutral approach, the text needs to be revised so that closed telecoms networks are clearly covered.
RD237 - ETNO Reflection Document on the Communication from the Commission to the Council and the European Parliament on the Review of the Sustainable Development Strategy
ETNO welcomes the Communication from the Commission on the review of the European Sustainable Development Strategy, in which a number of key actions are proposed for the coming years.Â The Association broadly supports the document.
EC080 - ETNO Expert Contribution on the â€œInternet Assigned Numbers Authority (IANA) policy for allocation of IPv6 blocks to Regional Internet Registriesâ€
ETNO supports the proposed global â€œInternet Assigned Numbers Authority (IANA) policy for allocation of IPv6 blocks to Regional Internet Registriesâ€ and welcomes the open and transparent process used in the development of this proposal.
EC081 - ETNO Expert Contribution in response to the â€œStudy on collective use of spectrumâ€ performed by a consortium of behalf of the European Commission
Based on its Members' responsibilties, ETNO thinks a â€œcollective useâ€ of spectrum should be limited to some bands and technologies to remain manageable with regard to QoS and interference and the effective use of spectrum.
EC079 - ETNO Expert Contribution to the Film on Line project â€“ follow up of the Enlarged Meeting on Film on Line, January 13, 2006
The Association strongly supports increased collaboration between all stakeholders as illustrated by its workshop: "Any content, any platform, any time, anywhere" (March 2005).Â However, development of a dialogue and identification of common solutions requires a balanced approach which takes the interests of all concerned parties carefully into account. Against this background, the paper provides comments on the three following areas covered by the EU project: co-operation to fight piracy, improving the ability of Film on Line, and Content on Line.
EC078 - ETNO Expert Contribution commenting on draft ECC/REC/(05)09 â€“ Customer Protection in case of misuse of international E.164 Resources
The Expert Contribution contains ETNO comments on ECC draft Recommendation (05)09 on the customer protection in case of misuse of international E.164 resources.Â The Association has doubts concerning the effectiveness of the proposed Early Alert System (EAS).
RD232 - ETNO Reflection Document on the EC Green Paper on a European Programme for critical infrastructure protection
ETNO supports this initiative and favours an all hazards scope, with an emphasis on terrorism in the first phase. ETNO would wish an EU approach to be limited primarily to establishing best practice guidelines, sector by sector. This best practice should aim at a harmonization of recovery objectives and prioritization for services recovery. It will be telecommunications operatorâ€™s sole decision which protection measures and business continuity plans they will implement to reach the guidelines objectives.
RD233 - ETNO Reflection Document on the revised draft ERG Common Position on the approach to appropriate remedies in the ECNS regulatory framework
The revisions to the CP as proposed by ERG in the present consultation will in ETNOâ€™s view not contribute to a more focussed, proportionate and consistent regulatory approach to remedies under the NRF. Whatever the final outcome of the current ERG consultation, ETNO calls on the European Commission, national policy makers and individual NRAs to continue to actively address the issue of the application of proportionate remedies under the NRF.
RD234 - ETNO Reflection Document in response to the call for input on the forthcoming review of the EU regulatory framework for electronic communications and services (Radio Spectrum aspects)
ETNO considers that significant changes to the current regulatory framework â€“ i.e. the Framework Directive, Authorisation Directive and the Radio Spectrum Decision â€“ are not necessary. The objectives established by the Radio Spectrum Decision are considered relevant. Regarding institutional aspects, the collaboration between RSC, ECC and ETSI provides an appropriate basis to deal with the various spectrum issues of interest for Europe.
RD235 - ETNO Reflection Document - ETNO contribution to the 2006 Review
ETNO believes that a thorough â€˜root and branchâ€™ review of the current EU telecoms regulatory policy is necessary to deliver the optimal regulatory conditions for a period of time that will reach beyond 2010. The electronic communications sector is undergoing unprecedented challenges globally, requiring innovative firms accelerated capacity to adapt to these challenges. The current system providing inefficient incentives and assistance to market players needs to come to an end in Europe.
Consequently, (ex-ante) pre-emptive economic regulation should by and large also be terminated within the earliest possible timeframe.
RD236 - ETNO Reflection Document in reply to the European Commission call for input - Recommendation on relevant markets
The Recommendation is a key instrument of the EU Regulatory Framework for enabling the Commission to guide the transition of the e-communications sector towards the increasing application of general competition law. As the Commission was largely bound by an Annex to the EU Framework Directive in the choice of market areas to be included in the first list of relevant markets, the current review provides the first objective assessment of the remaining need for ex-ante intervention in the European e-communications sector.
EC076 - ETNO Expert Contribution in response to the public consultation on draft ECC Report 80 - Enhancing harmonisation and introducing flexibility in the spectrum regulatory framework
ETNO welcomes the draft ECC Report 80. ETNO takes the view that â€œFlexibilityâ€ should be considered in a broader way and that the â€œInterrelation between harmonisation and flexibilityâ€ is more complex than stated in the draft ECC Report.
December 2005 RD231 - ETNO Reflection Document in response to the ERO Questionnaire on the use of the former TFTS bands in Europe
The European Telecommunications Network Operators' Association (ETNO)Â proposes to designate the upper part (1800 - 1805 MHz) of the former Terrestrial Flight Telecommunications System (TFTS) band to UMTS/IMT-2000.
RD230 - ETNO Reflection Document on the draft Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights and the draft Decision to strengthen the criminal law framework to combat intellectual property offences
While endorsing better enforcement of intellectual property rights as a general aim, ETNO argues that the Commissionâ€™s proposals will have unintended consequences in a number of areas. Particular concern is expressed about the application of criminal sanctions to patent violations, and the potential criminalisation of technologies and services with both lawful and unlawful uses.
October 2005 RD228 - ETNO Reflection Document on the draft ERG 2006 Work ProgrammeÂ
Transparency should remain a key issue for the work of the ERG in 2006. ETNO welcomes increased efforts by ERG decision makers to engage in a dialogue with market players. ETNO invites the ERG to identify deregulation as a priority for its work in 2006.
October 2005 EC075 - ETNO Expert Contribution on Data retention in e-communications - Councilâ€™s Draft Framework Decision, Commissionâ€™s Proposal for a Directive
This document analyses some of the most relevant technical aspects involving the impact that the implementation of a generalised data retention obligation would have for ETNO companies as e-communications services providers.
EC074 - ETNO Expert Contribution commenting on Commission Issue Papers in preparation of the review of the TVWF Directive
The Expert Contribution contains ETNO comments on Television without FrontiersÂ Issue Papers 1, 3, 4 and 5. On the rulesÂ applicable to the audiovisual content services, ETNO is concerned about the legal uncertainty that may arise as a result of the review of the Directive, at the very moment when the ICT sector is fully engaged in rolling-out new value-added broadband services.
RD221 - ETNO Reflection Document summarising ETNOs views on the 7th Framework Programme proposals
The paper expresses ETNOâ€™s views in relation to the 7th Framework Programme (FP7) preparation. The separation of objectives between Cooperation (the most important and driver behind the others), Ideas, People and Capacities is considered positive. In terms of budget, resource allocation to IST in FP7 should be in line with these objectives, and tend towards 25 % of the Framework Programme.
RD222 -Â ETNO Reflection Document in response to the public consultation on Wireless Access Platforms for Electronic Communications Services (WAPECS)Â
The present regulatory framework for radio spectrum management enabled pan-European development of high quality radio communication services in terms of service availability, network interoperability, free equipment circulation and economies of scale for the benefit for all parties involved, i.e. manufacturers, network operators, service and content providers, and last but not least end customers.
September 2005 RD223 -Â ETNO Reflection Document on the impact of a Commission Decision for the 2.6 GHz bandÂ
In ETNOs view the designation of the 2.6 GHz band to IMT-2000/UMTS has positive impacts on the competition in the internal market, the EU competitiveness compared with other regions, on R&D, on consumers, and on employment and the labour market. ETNO agrees that a Commission Decision for the 2.6 GHz band would give a clearer sign to industry, users and regulators.
September 2005 RD227- ETNO Reflection Document on re-assessing the "ladder of investment" in the context of broadband access regulationÂ
ETNO is greatly concerned with the current ERG approach to broadband regulation as laid out in its "Broadband market competition report" [ERG(05)23], based on the ladder of investment concept. ETNO contests that such approach could ensure adequate incentives for investment in infrastructure and that the ladder of investment, in particular as currently interpreted by the ERG, is a suitable means to promote sustainable competition in todayâ€™s broadband markets.Â Â
September 2005 RD225 - ETNO Reflection Document on the European Commissionâ€™s Public Consultation on the Digital Divide
Widespread availability of broadband access is a worthy political, social and economic objective, and ETNO believes that broadband development offers advantages well beyond the Information Society sector.
September 2005 RD226 - ETNO Reflection Document on the report of the Working Group on Internet Governance
ETNO finds the definition of Internet Governance adopted by the Working Group is appropriate. ETNO shares the views that further international dialogue and cooperation must be encouraged for aspects linked to the security of the Internet, cybercrime, and spam. In ETNOâ€™s view necessary investments in infrastructure, applications and services must be supported by a positive, market-driven approach.Â
September 2005Â RD224 - ETNO Reflection Document on the European Commissionâ€™s Communication "i2010 - A European Information Society for growth and employment"
ETNO welcomes the new Commission strategy for the sector because it is both an ambitious and comprehensive plan. ETNO feels that the new i2010 initiative is an opportunity to undertake concrete policy initiatives to develop the long-term sustainability of the industry and its contribution to European competitiveness and welfare.
RD220 - ETNO Reflection Document on the Communication on Global Partnership in the Information Society: EU Contribution to second Phase of WSIS
WSIS objectives must remain in line with present and prospective market realities, in order not to destabilize the development of the Internet. WSIS orientations should favour productivity, sustainable growth, investment and innovation. ETNO finds it would be counter productive to reopen issues settled during the first phase of the Summit.
EC073 - ETNO Expert Contribution on Cross-border access to non-geographic shared cost numbers (CoCom05-24)
COCOM05-24, raises a number of issues regarding "cross-border access to non-geographic shared cost numbers in the EU". ETNO believes that there are issues that need to be addressed before further progress can be made.
CP077 -Â ETNO Common Position on the draft Commission Decision on reserving the 116 number rangeÂ
ETNO provides operators views to be taken into consideration concerning the draft Commission Decision on reserving the number range beginning with 116 for harmonised numbers for harmonised European services, as stated in working document CoCom05-25.
JUNE 2005Â RD218 - ETNO Reflection Document on principles for the 11th Implementation Report
ETNO welcomes the Commissionâ€™s yearly Implementation ReportÂ as a comprehensive and valuable source of information on EU communications markets.Â ETNO believes that the forthcoming 11th Report should be drafted in a most transparent manner in order to generate an outcome which is as sound and reliable as possible.Â
RD216 - ETNO Reflection Document on the future use of the band 2010-2020 MHzÂ
The band should remain designated1 to UMTS/IMT-2000, with flexibility regarding TDD and FDD operation. In the case of FDD operation, pairing with the 2.6 GHz extension band, the former upper TFTS band 1800-1805 MHz and the lower TDD core band 1900-1920 MHz should be considered.
RD215 - ETNO Reflection Document on EC consultation: VAT - The place of supply of services to non-taxable persons
The EU Commission has in 2004 made proposals for the place of supply rules for VAT purposes to be amended for B2B transactions, and has recently made similar proposals for B2C transactions.
EC067 - ETNO Expert Contribution commenting on the Commission's initial criteria for revising the list of standardsÂ
ETNO agrees that the list of standards needs revision to be short and focussed. ETNO finds that the general approach taken by the Commission and a number of the proposed criteria are reasonable.
RD211 - ETNO Reflection Document on the FCC Notice of Inquiry on Mobile Termination Charges (FCC 04-247, IB Docket No. 04-398 in the Matter of the Effect of Foreign Mobile Termination Rates On U.S. Customers)
ETNO shares the view of the majority of stakeholders replying to this consultation that there is no rationale for the Federal Communications Commissionâ€™s (FCC) intervention concerning foreign mobile termination rates.
CP075 - ETNO Common Position on ITU-TSB proposal for the future administration of IPv6 addresses
ETNO believes that the current rules and organisation for IPv4 and IPv6 address management by the private sector is to be maintained, above all to guarantee the most appropriate technical operation and economic savings.
RD210 - ETNO Reflection Document commenting on the ERG Working Paper on the SMP concept
We welcome the ERG's effort in its Working Paper (WP) to interpret and harmonise the use of this concept so it better meets the actual state of competition in the relevant markets. ETNO is not convinced that the ERG Working Paper on SMP adds much value to the Commission Guidelines on SMP.
RD208 - ETNO Reflection Document on the European Commission Document on the draft Directive on the New Legal Framework for Payments in the Internal Market Version 5.0 (26/11/04)
ETNO is grateful to the European Commission for the opportunity to follow the debate on the New Legal Framework for Payments in the Internal Market within the Payment Systems Market Group and being able to provide comments on the last version on the future Directive.
RD205 - ETNO Reflection Document commenting on the "Draft ECC Decision on harmonised utilisation of spectrum for IMT-2000/UMTS systems operating within the band 2500 - 2690 MHz" (ECC/DEC/(05)XX)
ETNO supports the adoption of the â€œdraft ECC Decision on harmonised utilisation of spectrum for IMT-2000/UMTS systems operating within the band 2500 - 2690 MHzâ€ as it provides confidence for manufacturers and operators to make the necessary investments and also strengthens the CEPT position on WRC-2007 agenda item 1.9 regarding the protection of terrestrial services against harmful interference from satellite operations outside Europe.
RD202 - ETNO Reflection Document on Content-related issues
ETNO is eager to express its views on several content-related issues from a telecom sector perspective i.e. against the background of new business models and distribution channels enabled by convergence and the development of broadband. In order to facilitate the flow of legitimate on-line content and thus the development of a strong broadband industry across Europe.
RD204 - ETNO Reflection Document commenting on the "First annual report on radio spectrum policy in the European Union" (COM(2004) 507)
ETNO is in favour of evolutions in radio spectrum management with the potential to improve its usability for operators and users and welcomes the Commissionsâ€™ cooperation with CEPT on this subject.
RD200 - ETNO Reflection Document on COM(2004)353 "Science and technology, the key to Europe's future - Guidelines for the future European Union policy to support research"
The general guidelines and objectives provided in the European Commission document are largely shared by ETNO. The involvement of the main participants - Industry, Manufacturers and Service Providers - is indeed essential. European competitiveness is a key objective for the industry and therefore our sector must play a leading role in defining the agenda. Industryâ€™s involvement should be used to help steer the collaborative programmes.
EC065 - ETNO Expert Contribution commenting on Draft ECC/DEC/(04)LL
ETNO's preferred solution would be an introduction of Short Range Radars in the 79 GHz range right from the beginning because its member companies operate a significant number of fixed service links in the frequency bands intended to be covered also by automotive Short Range Radars at 24 GHz.
RD199 - ETNO Reflection Document on ECC Recommendation (04)07 on designation of 116 number range for possible future harmonized European short numbers
ETNO has considered the Recommendation adopted by the Working Group â€œNumbering, Naming and Addressingâ€ to designate where possible the number range beginning with 116 for future harmonized European services.
EC063 - ETNO Expert Contribution with respect to the "Study on conditions and options in introducing secondary trading of radio spectrum in the European Community"
Following the invitation from the European Commission, ETNO is pleased to provide some views on the study from Analysys, DotEcon, Hartson & Hogan related to spectrum trading presented during the Workshop on 15 July 2004.
EC064 - ETNO Expert Contribution on AD ratio for IPv4 addresses allocation
ETNO has considered the proposal to replace the fixed utilisation criteria of 80% in IPv4 address space allocation, by a criteria based on AD (Assignment Density) ratio. ETNO strongly support the proposal and suggest selecting an AD ratio of 0.966.
RD198 - ETNO Reflection Document on Traffic Data Retention
ETNO is seriously concerned over new proposal for a Council Framework Decision re-opening the debate on data retention tabled by four Member States on 28 April 2004. The proposal entails unpredictable financial and confidentiality implications for industry and individual users.
RD197 - ETNO Reflection Document on the Commission's Consultation Document on VoIP
For ETNO it is essential that the regulatory treatment of the various VoIP services reflects in a harmonised way across the EU the characteristics of each specific service, so that innovation and service development are pro-moted but also so that no regulatory arbitrage vis-Ã -vis regulated PATS (publicly available telephone services) is possible e.g. regarding intercon-nection, number allocation and service obligations.
RD196 - ETNO Reflection Document in response to the Questionnaire for industry prepared by IDATE, AEGIS and BIRD & BIRD on behalf of the European Commission on availability of information on radio spectrum in the European Union.
ETNO would like to summarize its views regarding the availability of spectrum information...
RD195 - ETNO Reflection Document on the European Commission Consultation Paper on the application of the E-money Directive to mobile operators
The tentative conclusion that "e-value stored on mobile phone pre-paid cards that is used to pay third party products and services is indeed likely to be e-money" seriously concerns ETNO members, many of which have leading European mobile affiliates.
RD194 - ETNO Reflection Document on IST Work Programme 2005 / 2006
To select successful IST projects that will have a good uptake and downstream deployment of their results, ETNO believes that the appropriate involvement of major sector players is essential. The research ambitions of major European IST sector players are not adequately represented in the Integrated Project (IP) evaluation process.
RD193 - ETNO Reflection Document on the European Commission Communication on the Management of Copyright and Related Rights in the Internal Market
ETNO presents its views on the Commission Communication taking account of the need for more high-quality content to attract users to broadband networks and stimulate the development of e-Europe. Regarding collective rights management, the Association underlines the need to end the legal and de facto monopolies enjoyed by EU collecting societies so that rights acquisition for on-line services can be made less time-consuming, complex and expensive.
EC062 - ETNO Expert Contribution in response to the Consultation to develop an RSPG Opinion on World Radiocommunication Conference 2007
ETNO is pleased to provide its early views on agenda items and strategies for the next World Radiocommunication Conference in 2007. Positions expressed at this early stage of the WRC-07 preparation are subject to further refinement. From the network operatorsâ€™ point of view, the WRC-07 agenda items related to spectrum for the Mobile Service, i.e. UMTS/IMT-2000 and systems beyond, are the crucial ones.
EC061 - ETNO Expert Contribution on radio spectrum designation for Ultra Wide Band applications
ETNO Members operate a significant number of radio services within the frequency ranges currently under study in ITU and CEPT for the deployment of Ultra-Wideband (UWB) applications. These radio networks embody significant investments of network operators, but also from citizens using the corresponding terminal equipment.
RD189 - ETNO Reflection Document on Unsolicited Commercial Communications (SPAM)
ETNO members are fully committed to develop active measures to combat unsolicited commercial communications (spam). Telecom operators are focusing their efforts on awareness raising, technical measures like filtering and the use of various kinds of lists.
RD188 - ETNO Reflection Document in response to RSPG's public consultation on secondary trading of rights to use radio spectrum
ETNO believes that the current spectrum management regime already allows the orderly introduction of necessary adaptations with regard to radio spectrum user needs. However, the introduction of spectrum trading could offer additional incentives, in particular concerning the flexible use of radio spectrum.
RD186 - ETNO Reflection Document commenting on the possible revision of the Commission Decision on the minimum set of leased lines
ETNO finds that the minimum set of leased lines which constitutes one of the Recommendation's relevant markets (and several sub-markets) does not match the overall principle of technology neutrality. Some of the leased lines types (analogue) of the minimum set put an undue burden on operators and may prevent development of markets and technology.
RD187 - ETNO Reflection Document commenting on possible revision of the Commission Recommendation on the provision of leased lines in the European Union, Part II â€“ Pricing of wholesale leased line part circuits
ETNO operators are concerned with the proposed recommendation for several reasons: (1) When remedy price control is needed the Recommendation and the use of benchmarks may in practice replace the application of targeted 'cost orientation' obligations based on a specific market analysis which has to follow under the new regulatory framework.
EC058 - ETNO Expert Contribution on the Commission Mandate to CEPT on 5 GHz RLANs
ETNO supports the Mandate given to CEPT concerning Radio Local Area Networks (RLANs) within the 5 GHz band as this harmonisation will enhance spectrum efficiency, user acceptance and consequently RLAN development in general. ETNO is happy the Commission took this initiative in light of the outcome of WRC-03.
RD185 - ETNO Reflection Document on Consultation Document: Draft Joint ERG/EC Approach to Appropriate Remedies in the New Regulatory Framework
ETNO is concerned with the joint ERG/EC Consultation document on remedies, since the chosen approach remains by and large theoretical and is not linked to many of the real issues governing the telecommunications market. The documentâ€™s focus is largely on a "behavioural approach".