Effective competition on Slovak telecommunication market transition from old to new regulatory framework

Transcription

1 Effective competition on Slovak telecommunication market transition from old to new regulatory framework Pavol Gerhat Telecommunications Office of the Slovak republic Vilnius, 5.-7.October

2 Slovak republic market information data services liberalization fixed voice service liberalization Vilnius, 5.-7.October

3 Slovak republic market information II. Incumbent Slovak Telecom 51 % Deutsche Telecom, 49 % state 2 GSM operators EuroTel Bratislava 51 % Slovak Telecom, 49% Atlantic West B.V. Orange Slovensko 64 % Orange S.A., individual investors, EBRD 2 UMTS licences from 3 possible issued 2 FWA 26 GHz operators 20 alternative operators with licence/registration for fixed voice service many ISP s tender process for FWA 3,5 GHz 4 licences planned Vilnius, 5.-7.October

4 Transition from old to new regulatory framework act no. 195/2000 on telecommunications - transposition of 98 regulatory framework in power since 1.july 2000 act no.610/2003 on electronic communications transposition of The New regulatory framework in power since 1.january 2004 Vilnius, 5.-7.October

5 Act no.195/2000 established Telecommunications Office of the Slovak republic as independent regulatory body in telecommunications telecommunications services and networks provision based on individual licences end of legal monopoly of Slovak Telecom in fixed voice services SMP based on 25% criteria price regulation allowed only to SMP or dominant operators decision on fixed voice service price regulation based on Price cap Vilnius, 5.-7.October

6 Act no 195/2000 transposition of 98 regulatory framework, but unclear definition of relevant market NRA without competence to define relevant market NRA without competence to intervene into interconnection negotiations no obligation for incumbent to publish RIO no unbundling obligation Vilnius, 5.-7.October

7 Act no.610/2003 services and networks provision based on notification to the Office issuing of generally binding legal regulations imposition of obligations based on market analysis power to intervene into access, interconnection and infrastructure sharing negotiations out of court dispute resolution publishing of the Official Journal Vilnius, 5.-7.October

8 Services and networks provision services and networks provision must be in accordance with the general authorization registration needed when number of customers exceeds 200 and annual turnover exceeds 2 mil. SKK individual authorization required for frequencies and numbers Vilnius, 5.-7.October

9 Generally binding regulations Definition of relevant markets General authorization Regulation on professional qualification on selected radio facilities Regulation on fees for the right to use frequencies Regulation on fees for the right to use numbers Regulation public pay phones and services for disabled Regulation on the quality of the universal service Others under preparation Vilnius, 5.-7.October

10 Imposition of obligation based on market analysis definition of relevant markets markets subject of regulation market analysis identification of SMP operator imposition of obligation (-s) Vilnius, 5.-7.October

11 Definition of relevant markets Definition of relevant markets no later than 2 months after act came into force, taking into account recommendation of EC 7 retail markets, 11 wholesale markets Vilnius, 5.-7.October

12 Market analysis First analysis of all relevant markets no later than 6 months after the act came into force Further analysis at least every two years aim of the analysis investigate whether there is a competition on the market e.g. whether there is one or more companies having SMP SMP operator operator not subject of effective competition 13 criteria based on EC guidelines more complicated process, tailored to countries with developed competition Vilnius, 5.-7.October

13 Market analysis Data collection in 2 levels 1.level get overview of services provided 2.level detailed financial and quantitative information Result published analysis (market definition, SMP operator determination, intended reasonable obligation (- s), National consultations (companies touched, NCA) EC consultations approval of EC or real doubts SMP and obligation (-s) imposition by administrative procedure Vilnius, 5.-7.October

14 Market analysis until now 4 analysis published fixed origination, termination, unbundling, mobile termination national consultations in 3 markets has finished processing of comments Vilnius, 5.-7.October

15 Power to intervene into access, interconnection and infrastructure sharing negotiations Decision on conditions of incumbent s interconnection contract proposal issued last week Vilnius, 5.-7.October

16 Thank you Vilnius, 5.-7.October