POLICIES :: eCommunications :: Market access
Market access
The introduction of general authorisations for all types of electronic communication has greatly enhanced the ability of new and existing service providers to enter the European communications market. It has removed the bureaucratic bottleneck created by individual licensing, while establishing a series of rights and obligations for providers as well as rules on interoperability and rights of way.
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The Authorisation Directive did away with the system under which Member States issued individual licences to network and service providers as a means of regulating the communications sector. That process, under which providers were required to obtain prior permission and provide proof of having fulfilled numerous conditions, created unnecessary bureaucratic bottlenecks for the free provision of communications services.
In its place, the Directive requires Member States to establish a general authorisation for all types of electronic communication services and networks, including fixed and mobile networks and services, data and voice services, broadcasting transmission networks and services, etc.
Although this general authorisation may include one or more legislative acts, Member States can no longer demand that a service provider obtain explicit administrative authorisation before starting business. Authorities may ask to be notified of a company's intention to start business, in order to keep a register, but the service provider does not have to wait for a reply to this notification, nor should they be asked to provide more information than necessary for the identification of the company.
The general authorisation system also significantly improves the transparency of the regulatory regime and avoids unnecessary and confusing duplication of conditions that are not specific to the electronic communications sector. The Directive stipulates that all relevant information on rights, conditions, procedures, charges, fees and decisions is to be published in a way that makes it easily accessible for all interested parties. Any changes should also involve prior consultation with interested parties.
Rights and obligations
The Directive limits the type of conditions which may be included in general authorisations, in order to ensure service providers are treated in a non-discriminatory, objective, transparent and proportionate fashion by national regulatory authorities. It also ensures consumers’ rights to universal service are protected and that competition within the communications market is strengthened through interconnectivity, while setting out the types of charges that can be levied on service providers. (>more)
Interoperability
The regulatory framework requires Member States to encourage the use of standards as a means of ensuring interoperability of services and freedom of choice for consumers. (>more)
Rights of way
Because providers of communication networks need to install infrastructure such as cables, antennas and masts, often on public buildings or land, the regulatory framework requires public authorities to consider all rights of way requests without delay and in a transparent and non-discriminatory manner, in order to ease and accelerate the process of infrastructure deployment. (>more)