Short Notification Form

Short form relating to notifications of draft measures pursuant to Article 7 of Directive 2002/21/EC (Short notification form)

The short notification form specifies the summary information to be provided by national regulatory authorities to the Commission when notifying draft measures under the short notification procedure in accordance with Article 7 of Directive 2002/21/EC.

It is not necessary to provide a copy of the draft regulatory measure or to attach any other document to the short notification form. However, it is necessary to indicate the Internet reference through which the draft measure can be accessible in the short notification form.

This notification concernsthree criteria test on Retail broadband access marketand withdrawal of ex-ante obligation for SMP operators on this market due to conclusion that market is effectively competitive.

  1. One or several markets which has/have been removed from or have not been previously listed in the Recommendation on relevant markets is/are found to be competitive or not to meet the three criteria.

Please briefly describe the content of the notified draft measure. In particular, please refer to the relevant market concerned and the reasons why you consider that the market is effectively competitive or the three criteria are not met: / HAKOM performed the three criteria test on retail market for broadband access and concluded that three criteria are not met.
There are nohigh and non-transitory barriers to entry due to significant increase in take-up of wholesale offers (BSA and LLU) offered by the incumbent - HT, under non-discriminatory and cost oriented conditions, which allow alternative operators to enter the market in the short time and without incurring significant costs.
Furthermore, newly developed margin squeeze test, determined on closely related wholesale markets M3a/M3b (please see market review on M3a/M3b which HAKOM is sending together with this one), completely eliminates the possibility of the incumbent using its strong market power to gain unfair advantage by going below its cost.
In addition to this, HAKOM concluded that market tends towards effective competition due to constantly decreasing market share of HTgroup.
Please indicate the Article 7 notification reference of the previously notified draft measures: / N/a
Does the NCA agree with the proposed draft measure as regards the analysis of the relevant market? / Yes
Internet reference to the draft measure: / For the convenience, we uploaded to CIRCABC the draft measure in word document, as we publish measures on HAKOM’s website in .pdf format.
Comments: / The notified draft decision has been subject tonational consultation in which the following operators submitted their comments: VIPnet, H1, Iskon, HT, Amis and OT.
Most of the comments refer to the fact that market conditions from the previous analysis have not changed significantly hence the market should stay regulated. They also commented that it is too early to judge the effectiveness of the margin squeeze test and that all three criteria of the 3CT should have been assessed, not excluding the third criterion.
  1. One or several markets which was/were found to be competitive in a previous market review is/are still competitive:

Pleasebrieflydescribethecontentofthedraftmeasure,indicatingtherelevantmarketconcerned:
Aretherechangestothemarketdefinition,ascomparedwithpreviouslynotifieddraftmeasures? / If yes, please describe briefly:
DoestheNCAagreewiththeproposeddraftmeasureasregardstheanalysisoftherelevant market? / If no, please outline reasons:
Internetreferencetothedraftmeasure:
Comments:
  1. Changes to technical details of a previously imposed regulatory remedy.

Pleasesummarizethenotifiedchangestotheremediesindicatingtherelevantmarketconcerned:
Pleasejustifyyourconclusionthatthemeasureconsistsofachangeonatechnicaldetailofa remedyanddoesnotchangethenatureorthe generalscopeofaremedy:
PleaseindicatetheArticle7notificationreferenceofthepreviouslynotifieddraftmeasures:
Internetreferencetothedraftmeasure:
Comments:
  1. Imposition on further operators of remedies already analyzed and notified in relation to other undertakings that are similar as regards their customer base or total turnover in telecoms markets, withoutchanging the principles applied by the NRA in the previous notification.

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