RD294 - ETNO Reflection Document on the draft ERG 2009 Work Programme

ETNO looks forward to a continued interaction with ERG in 2009. We are confident that ERG will adhere to high standards of quality and transparency in its work, including adequate deadlines for stakeholder consultations. In 2008 ERG has proven it can play an important role in finding reasonable and facts-based solutions to regulatory challenges. We encourage ERG to continue to act as a counterbalance in case of initiatives which may harm the sector rather than contribute to its sustainable long-term development.

• ETNO looks forward to a continued interaction with ERG in 2009. We are confident that ERG, despite its huge workload, will adhere to high standards of quality and transparency in its work, including adequate deadlines for stakeholder consultations.
• As in 2007 in the context of Roaming I, in 2008 in the context of termination rates the ERG has again proven it can play an important role in finding reasonable and facts-based solutions to regulatory challenges. We encourage ERG to continue to act as a counterbalance in case of initiatives which may harm the sector rather than contribute to its sustainable long-term development.
• It is important to ETNO that, in line with the spirit of ERG’s rules of procedure, ERG documents with material impact on regulatory policy continue to be consulted upon. In 2008, this principle was unfortunately not adhered to in all cases. The announced document on regulatory measures for NGA – if intended for publication – obviously falls in the category of documents to be put to public consultation even though it is foreseen as a report in the draft WP. The choice of issuing a “report” instead of a CP does not change the need for broad stakeholder participation on vital regulatory policy issues.
• The WP should avoid making substantive statements which may preclude future outcomes of ERG work. E.g., the claim that “Bill & Keep is driving the need for a development of a new long-term IC regime” is probably not correct. Technological and market developments in the transition to IP networks lead to in-depth thinking on future IC regimes, of which Bill & Keep is, however, only one option.