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					PEA – ARI                                                                                                                                        03.07.2003




                                    REGULATORY MATTERS:
               CRITICAL ISSUES IN THE EU MEMBER STATES EX VIII REPORT (3.12.02)


Austria
Numbering         Some numbers and number ranges in Austria do not comply with the numbering plan.
Interconnection   Access to the RIO requires the consulting party to identify itself
                  Cost accounting for mobile operators based on LRIC costs but without accounting verification
                  The reasons for the decision not to make an SMP designation in the mobile market have not been communicated to the European Commission.
                  The NRA did not calculate the market share fully in accordance with the ONP Committee Explanatory Note ONP COM 99-03 ( calculation on the
                  basis of revenue)
Leased Lines      Cost orientation not ensured
                  Increase of charges in 2002
                  Long delivery times (SLA)
Cost accounting   A pending proceeding requires separated accounts for 2001.
Accounting
separation
Rights of way     Issues related to public concerns for mobile networks (health)
USO               No special provision for disable users
                  No universal directory’s services for all subscribers
                  The US operator asked for the US fund
Consumer issue    No itemised billing
                  No selective call barring in fixed networks.




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PEA – ARI                                                                                                                                         03.07.2003




Belgium
Interconnection   Price squeeze between I/C prices and incumbent’s retail prices and discounts
                  Accounting systems still based on historical costs for mobile I/C
                  the NRAs did not calculate the market share fully in accordance with the ONP Committee Explanatory Note ONP COM 99-03 ( calculation on the
                  basis of revenue)
                  RUO published but some elements have yet to be approved by the NRA
Leased Lines      Cost orientation not ensured
                  Increase of charges in 2002
Cost accounting   The incumbent has not disclosed a description of its model.
Accounting        Audits have not been imposed by the NRA.
separation
Authorizations    Postponement of certain requirements of the original 3G licenses relating to roll out and coverage.
                  Fees in nominal terms have increased
                  Numbering fees in nominal terms have increased
Rights of way     Issues related to public concerns, in particular for fees on mobile networks.
Retail prices     No rebalancing
                  No power of verification of cost accounting was used.
USO               No universal directory’s services for all subscribers
                  The US operator asked for the US fund




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PEA – ARI                                                                                                                                       03.07.2003




Denmark
Interconnection   I/C pricing still based on best practice Benchmarking (should be based on LRAIC from 01/01/2003)
                  Reciprocity of I/C prices for the acces to the fixed network arise problems
                  Accounting systems still based on historical costs for mobile I/C
                  SMP notification not published
Cost accounting   Still historic cost model for interconnection and also referred to best practise. LRIC should be applied from January 2003.
Accounting
separation
Retail prices     No power of verification of cost accounting was used.
USO               No universal directory’s services for all subscribers




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PEA – ARI                                                                                                                                                   03.07.2003




Finland
Interconnection   It is not clear whether all regional and local incumbents provide interconnection leased lines
                  Problems with the tariff offer for interconnection at local level
                  Issues related to high I/C pricing
                  Discrimination between internal I/C prices of the incumbents (fixed network) and external I/C process
                  Price squeeze between I/C prices and incumbent’s retail prices and discounts
                  Mobile operators have not been designated as having SMP in the national market for interconnection, but three of them have been designated with
                  SMP in their own relevant markets, which under national law means that their interconnection charges must be cost oriented.
                  Regards to the fixed network : relevant market for SMP designation is not the national fixed market, and parts of this market (local, long distance,
                  international etc.) are used as the basis of a series of SMP designations.
                  Accounting systems still based on historical costs for mobile I/C
Cost accounting   Still historic cost model for interconnection
Accounting        Not all SMP operators’ accountings have been verified by the NRA.
separation        No transfer charges among business units in accounting separation.
USO               No universal directory’s services for all subscribers
Consumer issue    NRA has not set quality of Service performance targets for SMP operators




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PEA – ARI                                                                                                                                                     03.07.2003




France
Interconnection      FRIACO offered only at the local level
                     Accounting systems still based on historical costs for mobile I/C
LLU                  As regards collocation, following intervention by the NRA, the obligation to install separate collocation rooms has been removed, but the problem
                     remains of those sites usually in areas of strategic interest, where such rooms have already been constructed and where new entrants are obliged to
                     occupy (and pay for) these separate rooms.

Bit Stream           NCA declared an abuse of dominant position on in DSL market by FT and it communicated to the NRA the necessity to impose to FT the wholesale
                     offer of DSL service
Number portability   No fixed NP for some non geographic numbers
Authorizations       Licences imposes an obligation to invest a proportion of turnover in research and development.
                     Introduction of a once off charge and annual fees’ increase for 3G licenses.
Rights of way        Issues related to public concerns for cable networks
USO                  No special provision for disable users
                     No universal directory’s services for all subscribers
Consumer issue       No itemised billing




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PEA – ARI                                                                                                                                                  03.07.2003




Germany
Interconnection     Access to the RIO requires the consulting party to identify itself imposed by NRA, but not implemented due to pending court proceedings
                    Reciprocity of I/C prices for the access to the fixed network arise problems
                    Accounting systems still based on historical costs for mobile I/C
                    Market shares of mobile operators not calculated/published
                    RUO 2002 has not yet been agreed
                    NRA ordered a reduction in mobile termination tariffs without designating mobile operators as having SMP in the national interconnection market

Competition on BB   Critical issues related to the offer of retail DSL services (BB) by DT at below cost (issues of non –discrimination)
                    Line rental charge is lower than the unbundling charge to operators
Leased Lines        Long delivery times (SLA)
CS/CPS              No local calls
Cost accounting     Separate accounts are prepared only in the context of specific bottom up calculations.
Accounting
separation
Retail prices       No rebalancing. Limited margin in respect of LLU’s prices.
USO                 No universal directory’s services for all subscribers




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PEA – ARI                                                                                                              03.07.2003




Greece
Interconnection      Delays in the approval of the RIO by the NRA
                     Price squeeze between I/C prices and incumbent’s retail prices and discounts
                     Accounting systems still based on historical costs for mobile I/C
Competition on BB    Line rental charge is lower than the unbundling charge to operators
Leased Lines         The highest prices for international leased lines for 64 Kb/s
                     The highest prices for international leased lines in general, together with Sweden and Portugal
                     The highest prices for international leased/near EU destinations together with Spain.
CS/CPS               Deferment till 1 January 2003
Number portability   Deferment till 1 January 2003 for fixed NP
Cost accounting      The last results of the first audit relate to 2001.
Accounting           The statement of verification of the interconnection costs has not been published yet.
separation           No transfer charges among business units in accounting separation.
Authorizations       R-LAN offer to the public is not permitted
Rights of way        Issues related to public concerns for mobile networks (health)
USO                  No universal directory’s services for all subscribers




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PEA – ARI                                                                                      03.07.2003




Ireland
Interconnection     Delays in the approval of the RIO by the NRA
                    Accounting systems still based on historical costs for mobile I/C
LLU                 Problems for the practical implementation of co-location
Competition on BB   Line rental charge is lower than the unbundling charge to operators
Leased Lines        Review of leased lines pricing in progress
                    Deterioration of delivery times (SLA)
USO                 No universal directory’s services for all subscribers
                    The US operator asked for the US fund
Consumer issue      NRA has not set quality of Service performance targets for SMP operators




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PEA – ARI                                                                                                                          03.07.2003




Italy

Interconnection   Delays in the approval of the RIO by the NRA
                  Reciprocity of I/C prices for the access to the fixed network arise problems
                  Still no I/C cost accounting based on LRIC for mobile operators although NRA ordered to move to LRIC from 2003
Cost accounting   The auditor was appointed late and the audit is still underway.
Accounting
separation
Authorizations    Satellite operators called for a further simplification of licensing conditions and for the level of fees.
                  Fees in nominal terms have increased
                  Numbering fees in nominal terms have increased
                  R-LAN offer to the public is not permitted (to be updated)
Rights of way     Issues related to public concerns
                  Discrimination between local public operators (municipalities) and the other operators.
Retail prices     No power of verification of cost accounting was used.
USO               No universal directory’s services for all subscribers




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PEA – ARI                                                                                                                                               03.07.2003




Luxembourg

Interconnection      Delays in the approval of the RIO by the NRA
                     FRIACO is provided as a part of unbundled offer only in certain time periods
                     Price squeeze between I/C prices and incumbent’s retail prices and discounts; r4emedial actions shoul be taken from January 2003
                     Accounting systems still based on historical costs for mobile I/C
                     Market shares of mobile operators not calculated/published
Leased Lines         Offers of leased lines to final customers at prices that are below than those offered to competitors.
Number portability   No fixed NP for non geographic numbers
Cost accounting      Still historic cost model for interconnection
Accounting           No audit has been carried out.
separation
Authorizations       R-LAN offer to the public is not permitted
Rights of way        Issues related to public concerns
Retail prices        No rebalancing
USO                  No universal directory’s services for all subscribers
Consumer issue       Issues on transparency and information of contacts




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PEA – ARI                                                                                                                                                 03.07.2003




Netherlands
Interconnection   FRIACO offered only at the local level
                  Price squeeze between I/C prices and incumbent’s retail prices and discounts ; for local level interconnection, remedial action was taken
                  NRA ordered a reduction in mobile termination tariffs without designating mobile operators as having SMP in the national interconnection market.
                  Accounting systems still based on historical costs for mobile I/C
                  RUO published but some elements have yet to be approved by the NRA
Leased lines      2 km circuits are the highest in Europe
                  Long delivery times (SLA)
Cost accounting   No transfer charges among business units in accounting separation.
Accounting
separation
Authorizations    Fees have increased for SMP operators.
Retail prices     No power of verification of cost accounting was used.
USO               No special provision for disable users
                  No universal directory’s services for all subscribers
Consumer issue    No itemised billings




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PEA – ARI                                                                                                                                                 03.07.2003




Portugal
Interconnection     Delays in the approval of the RIO by the NRA
                    FRIACO offered only at the local level
                    NRA ordered a reduction in mobile termination tariffs without designating mobile operators as having SMP in the national interconnection market.
                    Accounting systems still based on historical costs for mobile I/C
                    the NRAs did not calculate the market share fully in accordance with the ONP Committee Explanatory Note ONP COM 99-03 ( calculation on the
                    basis of revenue)

LLU                 Problems for the practical implementation of co-location
BitStream
Competition on BB   Line rental charge is lower than the unbundling charge to operators
Leased Lines        The highest prices for international leased lines in general, together with Greece and Sweden

Cost accounting     Still historic cost model for interconnection
Accounting
separation
Authorizations      Postponement of certain requirements of the original 3G licenses relating to roll out and coverage.
Retail prices       No rebalancing
USO                 No universal directory’s services for all subscribers
                    The US operator asked for the US fund




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PEA – ARI                                                                                                                 03.07.2003




Spain
Interconnection     FRIACO: provided for in RIO 2001 but difficulties in its implementation
                    Price squeeze between I/C prices and incumbent’s retail prices and discounts
                    Reciprocity of I/C prices for the access to the fixed network arise problems
                    Approval of cost accounting for mobile I/C but with lack of cost-accounting data
Competition on BB   Line rental charge is lower than the unbundling charge to operators
Leased Lines        200 km circuits are the most expensive in Europe
                    The highest prices for international leased/near EU destinations together with Greece.
                    Long delivery times (SLA)
Cost accounting     No transfer charges among business units in accounting separation.
Accounting
separation
Authorizations      Still in a process of converting licences issued under the previous licensing regime.
                    Postponement of certain requirements of the original 3G licenses relating to roll out and coverage.
                    R-LAN offer to the public is not permitted.
Rights of way       Issues related to public concerns, in particular for fees.
Retail prices       Rigid price system, that has constrained the rebalancing
                    No power of verification of cost accounting was used.
USO                 No universal directory’s services for all subscribers
                    The US operator asked for the US fund




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PEA – ARI                                                                                                             03.07.2003




Sweden
Competition on BB   Line rental charge is lower than the unbundling charge to operators
Leased Lines        The highest prices for international leased lines in general, together with Greece and Portugal

Cost accounting     Still historic cost model for interconnection
Accounting
separation
Authorizations      Fees have increased
Rights of way       Issues related to public concerns
Retail prices       No rebalancing
USO                 No universal directory’s services for all subscribers
Consumer issue      NRA has not set quality of Service performance targets for SMP operators




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PEA – ARI                                                                                                                                                   03.07.2003




UK
Interconnessione    NRA ordered a reduction in mobile termination tariffs without designating mobile operators as having SMP in the national interconnection market.
Competition on BB   Line rental charge is lower than the unbundling charge to operators
Leased Lines        Highest prices in Europe for local and 200 km 64 K/b circuits.
                    Increasing charges for local circuits
Retail prices       No power of verification of cost accounting was used.
USO                 No universal directory’s services for all subscribers
Consumer issue      NRA has not set quality of Service performance targets for SMP operators




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