Towards Implementation of the European Union Telecom Code: Ex Ante Reflections

Abstract

Promoting connectivity to very high capacity networks is one of the objectives of the new EU Telecom Code. The review of the Telecom Framework is one of the pillars of the EU Digital Single Market Strategy. The Telecom Code broadens the scope of regulation and introduces new forms of market regulation in order to pursue the EU connectivity objectives.This article explores the ex ante regulation in the Telecom Code as well as its changed context. The goals and scope of the Telecom Code as well as the main tools for regulation are discussed in the second section. The third section describes the system of ex ante regulation as it has been developed under the Telecom Framework and adjusted in the Telecom Code. The fourth section explains the conditions for imposing ex ante regulations, taking into account the connectivity goals of the Telecom Code. As the context of applying ex ante regulation has also changed due to new forms of market regulations, the fifth section explores what this will mean for the application of ex ante regulation. In the sixth section the proposals for ex ante regulation as a means to regulate other markets of the Digital Economy are evaluated from the perspective of the experience with ex ante regulation in the electronic communications sector.</p