16 November, 2012
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 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”.
- We welcome the initiative by BEREC to investigate further possibilities for a stronger international collaboration against fraud.
- However, our greatest concern with a collaboration procedures lies in the practical implications and effectiveness given amongst others the implication of many stakeholders and taking into account that fraud is innovatively looking to any possible weak point in the system e.g. fraud implying non- European countries.
- We understand that the proposed procedure still allows operators/NRA’s at local level to take appropriate and fast (provisional) measures to combat fraud rapidly where possible and this independent but complementary to the proposed inter NRA procedure.
- It should be taken into account that the type of fraud is very fluctuating and unpredictable. It is therefore very difficult to define the best solution beforehand. But it could be investigated by BEREC to include in the procedure some kind of monitoring and warning system for fraud related issues in Europe.
- The option to reimburse an end-user who was subject to fraud should be carefully considered before application. It should not be considered as a general principle nor should it be communicated as such. Such principle could have negative impact in our fight against fraud and is not justified as a general measure.
- It would be better to leave it up to national situations, to determine with the involved operators the need to withhold interconnection payments and any alternative actions.
Finally, it should be taking into account that blocking access can only be done if technically feasible. On the other side the accessibility of numbers throughout Europe should also remain in balance with the risk of fraud and with the real demand for this accessibility.