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.

ETNO calls into question the “objectives” identified in the draft Common Position.  It is unclear how these objectives have been established and how they relate to the aims and principles of the EU Regulatory Framework for electronic communications and, 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. We note that the specific proposals are similar to and sometimes identical with the proposed remedies for the local access and broadband access markets, raising doubts as to the value added of this specific Common Position for leased lines.
ETNO is also concerned with the ERG’s presenting a definition of “wholesale leased lines,” apparently for determining the scope of the ERG position, i.e. the domain for the potential application of regulatory remedies. By doing so, the ERG risks giving this product the status of a relevant market warranting ex ante regulation.
The Common Position would also need to reflect the recently issued European Commission Recommendation on Relevant Markets, which removes the market for wholesale trunk segments of leased lines from the recommended list.
Against this background, ETNO invites the ERG to formulate a new draft more closely linked to the EU Regulatory Framework and 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.