EETT NEWSLETTER • July 2010 • Issue Νο 25 · 2013-04-13 · ΕΕΤΤ page: 3 July 2010 •...

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1. EETT’s One-Day Conference p.: 6 2. Immediate Objectives of the General Secretariat for Communications p.: 8 - 9 3. 5 th International Conference of EETT p.: 12 - 13 EETT NEWSLETTER • July 2010 • Issue Νο 25

Transcript of EETT NEWSLETTER • July 2010 • Issue Νο 25 · 2013-04-13 · ΕΕΤΤ page: 3 July 2010 •...

Page 1: EETT NEWSLETTER • July 2010 • Issue Νο 25 · 2013-04-13 · ΕΕΤΤ page: 3 July 2010 • ISSUE Νο 25 Submission of the Annual Report 2009 to the Speaker of the Hellenic

1. EETT’s One-Day Conference p.: 6

2. Immediate Objectives of the General Secretariat for Communications p.: 8 - 9

3. 5th International Conference of EETT p.: 12 - 13

EETT NEWSLETTER • July 2010 • Issue Νο 25

Page 2: EETT NEWSLETTER • July 2010 • Issue Νο 25 · 2013-04-13 · ΕΕΤΤ page: 3 July 2010 • ISSUE Νο 25 Submission of the Annual Report 2009 to the Speaker of the Hellenic

Message by the Vice President

Information

EETT NewsletterOfficial Journal of the Hellenic Telecommunications & Post Commission (EETT)

Issue 25th Month: July - Year: 2010Pages: 16

Responsible for the current edition by power of law:Dr Leonidas Kanellos, EETT President

EETT’s Central Phone Line: + 30 210 615 1000Fax: + 30 210 610 5049URL: http://www.eett.grE-mail: [email protected]

Chief Editor: Michalis Sakkas, EETT Vice President Editing: EETT Public Relations Department

Reduction - Design - Production: RE: PUBLIC LTD9, Miltiadou Str., 152 32 Halandri Tel: + 30 210 683 5400 - Fax: + 30 210 680 0656

The present is distributed free of charge. The articles published herein are not binding for EETT.

Contents

Message by the Vice President p.: 2

Submission of the Annual Report 2009 to the Speaker of the Hellenic Parliament p.: 3

EETT’s Chair at the Hellenic Parliament’s Institutions and Transparency Committee p.: 4

The Radiofrequencies of the Civil Aviation Authority: Protection from Interferences and Problems p.: 5

EETT’s One-Day Conference p.: 6

The New Recommendation on Regulated Access to Next Generation Access Networks p.: 7

Immediate Objectives of the General Secretariat for Communications p.: 8-9

Participation of EETT in International Meetings p.: 10

EETT’s Leniency Programme p.: 11

5th International Conference of EETT p.: 12-13

The European Commission’s 15th Progress Report on the Single European Electronic Communications Market 2009 p.: 14-15

Letter of thanks from the Hellenic Rescue Team p.: 16

As clearly demonstrated by the two successful conferences recently organized by EETT, on “Next Generation Access Networks: Unleashing the Potential for the Citizen and the Economy” and “Future of the Postal Market: Regulatory Challenges and Tools for Development”, the Authority has an important and crucial role to play at this critical social and economic juncture for our country, in view of course of the pan-European and global crisis.

Committed by the laws of the Greek State as well as by EU legislation to regulate and control all the Electronic Communications and Postal Services markets also in terms of competition

issues, it is self-evident that EETT is seeking the GOLDEN MEAN between different factors and variables, so that:

α. A stable balance is maintained in the relevant markets.

b. The rules of healthy competition among providers are complied.

c. Growth is ensured in the relevant sectors.

d. The citizen-user-consumer benefits and is protected.

It is well known that, in the course of time, market trends are changing, technologies are evolving rapidly, economic circumstances are subject to constant change (often in an unforeseeable way), societies and citizens-consumers manifest new attitudes, customs and demands, while organised states try to adapt and deal with all these changes taking place over time.

EETT, with its competent and qualified staff, is constantly seeking to fulfill its regulatory and supervisory role, adapting to the conditions of each period and taking seriously into account the opinions of the market, always of course in the context of the legislation of the Greek state as applicable from time to time (in the drafting of which, it has decisive contribution) as well as of the directives of the European Union (EU), in whose statutory bodies (BEREC etc.) it actively participates. Of course, throughout this process there are objections, which we certainly investigate and evaluate in order to make, where necessary, suitable corrections and adjustments, always within the limits of legality.

For all the above reasons, in the current critical juncture for our country, we, the Plenary and all human resources of our Authority, are particularly sensitive towards our mission to secure healthy competition and we seek, in smooth collaboration with the statutory bodies of the Greek State, to also contribute, on our part, to the growth of the Electronic Communications and the Postal Services markets, to the benefit of both the undertakings-providers and the citizens-consumers, with the objective of strengthening the National Economy and preserving social cohesion.

by Mr. Michalis Sakkas, Vice President for the Postal Services Sector

EETT’s Role at the Current Juncture

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ΕΕΤΤ

page: 3July 2010 • ISSUE Νο 25

Submission of the Annual Report 2009 to the Speaker of the Hellenic Parliament

At the meeting, Mr. Petsalnikos was extensively informed on EETT’s supervisory and regulatory work on the sectors of Electronic Communications and Postal Services. The Speaker of the Parliament underlined the Authority’s particularly significant role as guardian of legality and of the public interest, in a period of rapid technological developments, upon the transition to the digital era.

The Annual Report details EETT’s actions throughout 2009, including:

• Regulatory interventions for promoting competition and further enhancing fixed and mobile broadband access.

• Suggestions for speeding-up transition to digital television through the simplification of the licensing process for antenna constructions and the beneficial exploitation of the digital dividend.

• Completion of the second round of determining and analyzing Markets 4 and 5 relating to broadband services provision, according to the relevant Recommendation of the European Commission.

• Host of actions for informing and fostering consumer rights, including recommendations on consumer protection from unfair practices, the campaign for broadband access and the amendment of the Code of Practice for the provision of Multimedia Information Services (MIS).

• Adoption of a Regulation on calculating network transit charges, with the objective of establishing uniform rules

Annual Report 2009

EETT’s President Dr. Leonidas Kanellos and the Vice President for the Postal Services Sector, Mr. Michalis Sakkas, submitted in May 2010 to the Speaker of the Hellenic Parliament, Mr. Philippos Petsalnikos, EETT’s Annual Report for 2009.

throughout the Greek Territory for the promotion of investments in vital network infrastructures.

• Update of the regulatory framework for the radiofrequency spectrum, through the revision of the Regula-tion on the Terms of Radiofrequency Use and the National Radio-frequency Registry with the technical specifica-tions of the broadcasts of the legally operating television stations.

• Submission to theMinistry of Infrastruc-ture, Transport and Net-works of Draft Law on the organization of the Postal Services sector for speed-ing-up the process for the liberalisation of the postal market.

• Adoption of new General Authorisation /Individual Licensing Regulations, with a view to more effective operation of the postal market.

• Launch of the new costing system of ELTA S.A.

• International and bilateral collaborations with other Regulatory Authorities.

• Representation of Greece at the European Regulators Group (ERG), as Member of the Body of European Regulators for Electronic Communications (BEREC), as well as at international fora and organisations.

From left to right: Mr. M. Sakkas, EETT’s Vice President and Dr. L. Kanellos, EETT’s President alongwith Mr. Philippos Petsalnikos, Speaker of the Hellenic Parliament.

The Annual Report is available at EETT’s website (www.eett.gr, Publications/Annual Reports/Annual Report 2009).

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Radiofrequency Spectrum

page: 4July 2010 • ISSUE No 25

EETT's Chair at the Hellenic Parliament’s Institutions and Transparency Committee

At the meeting, a thorough discussion was conducted on the effects of the transition to digital television and the exploitation of the digital dividend that will result from the liberalisation of frequencies for the development of next generation services.

Apart from the Members of the Institutions and Transparency Committee, the lengthy consultation was attended by the Ministers Messrs. Charalambos Pamboukis, Ioannis Ragousis, Georgios Petalotis, Nikolaos Sifounakis as well as by the Secretary General of Communications, Prof. Sokratis Katsikas.

EETT’s Chair and specifically the President and the Vice President for the Electronic Communications sector, Messrs. Leonidas Kanellos and Angelos Syrigos, highlighted the importance of the spectrum digitization and the benefits from the digital dividend that will be obtained, stressing that its distribution to users and its financial evaluation and exploitation is a responsibility of the State.

From left to right: The representatives of the three bodies, Messrs. P. Kyriakopoulos – Vice President of DIGEA, K. Kimbouropoulos – President of DIGEA, M. Sakkas – Vice President of EETT, L. Kanellos – President of EETT, A. Syrigos – Vice President of EETT, K. Apostolas – Member of NCRTV, Mrs. E. Demiri – Member of NCRTV, I. Laskaridis - President of NCRTV. At the back: Mr. Miltiadis Papaioannou - Chairman of the Institutions and Transparency Committee.

Special Permanent Committee on Institutions and Transparency

EETT was invited for the second time, together with the National Council for Radio and Televi-sion (NCRTV) and the Digital Provider SA (DIGEA) at the Hellenic Parliament’s Special Permanent Committee on Institutions and Transparency, where transition to digital television and the digi-tal dividend were extensively discussed.

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Radiofrequency Spectrum

page: 5July 2010 • ISSUE No 25

With a view to supporting air transport and maximizing flight safety conditions, CAA has installed and is operating a wireless systems network, comprising, among other things:

• Transmitters and receivers for voice-communication of the aircrafts with the operation centres or the control towers on the ground.

• Radio aids transmitting important infor-mation for aircraft navigation.

• Radars.

All the above systems use frequencies in bands allocated for use exclusively to CAA and are installed in airports and telecommunication stations throughout the Greek Territory.

Taking into account the importance of the above systems’ operation and given its responsibility for the monitoring and supervision of the radiofrequency spectrum, EETT:

• Conducts scheduled checks of the frequencies in use throughout the Greek Territory.

• Has established an alert procedure on a daily 24 hour basis, for immediate reaction in case a problem arises.

From the checks conducted so far, it has been established that the majority and the greatest of the problems that arise are the result of the licensing gap in FM radio-

broadcasting in Greece. More specifically, the insufficient harmonisation of the radio station frequencies and the failure to apply Frequency Maps per geographical area (operating frequencies, technical specifications of broadcasting), together with the uncontrolled operation of the broadcasting centres, often result in the creation of interference phenomena in CAA’s frequencies. At the same time, given the use of wireless systems for the transfer of programmes from the production point (studio) to the broadcasting centre, it has been established that non-licensed frequencies are used, which may cause damaging interferences to CAA systems.

Whenever EETT discovers the existence of a relevant problem, it immediately initiates the procedure for detecting the problem broadcast, in order to eliminate the interference phenomenon. In many cases this is done with the cooperation of the local police and public prosecutor authorities, as illegal use of radiofrequencies is detected.

Taking into account the foregoing, EETT has repeatedly informed all the competent bodies in writing about the serious problems created in air navigation frequencies. The relevant documents set out the causes of such problems, stress their gravity and even suggest specific short-term measures and actions in order to resolve them altogether. At the same time EETT and CAA are making joint efforts

in order to optimize the communication procedures between them, for the purpose of promptly tackling situations, before they become dangerous for the safety of human life.

Therefore, a significant improvement, if not a radical solution to the problems of interferences in CAA’s frequencies, can only exist with the full licensing of the radio stations in the Greek Territory and the creation of organised antenna parks. Only in that case will it be possible to have broadcasts in frequencies harmonised with those of air navigation (consistent with the relevant frequency maps for each prefecture), by determining the required transmission power limits and other material technical specifications.

The Radiofrequencies of the Civil Aviation Authority: Protection from Interferences and Problems

CAA Radiofrequencies

One of the main priorities of EETT, as the competent Authority for the monitoring and supervi-sion of the radiofrequency spectrum, is to safeguard the smooth and interference-free opera-tion of wireless networks that are directly related to the safety of human life. Such networks include those of the Civil Aviation Authority (CAA) for the management and support of air transport.

by Mr. Nikos Igoumenidis, Head of EETT’s Spectrum Monitoring and Control Department

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Postal Services

page: 6July 2010 • ISSUE No 25

EETT’s One-Day Conference

During the Conference the appropriate technical, financial and regulatory options were introduced and discussed, as tools for the development of the Greek postal market, to the benefit of citizens, enterprises and the national economy. The speakers were representatives of the State, the Regulatory Authorities, the European Union (EU), as well as distinguished participants of the Greek and European Postal Services market.

The main Sessions of the Conference were the following:

• Opening of the Postal Market to Competition: European Directions and National Practices.

• Postal Services: Focus on Citizens.

• New services – New co-operations – New technologies: Opportunities and Strategies towards “Green” Development.

The Conference was inaugurated by Mr. Michalis Sakkas, EETT Vice President for the Postal Services sector.

Subsequently, EETT’s President, Dr. Leonidas Kanellos, presented EETT’s actions concerning the postal sector in 2009 and set as targets for 2010, the improvement of the quality of Universal Service (US) as well as the preparation towards the full liberalisation of the Greek postal market.

The keynote speaker was the Vice Minister of Infrastructure, Transport and Networks, Mr. Nikos Sifounakis, who stressed that: “The political leadership wishes to strengthen ELTA by all means in

order to return to its period of profitability… and create those conditions that will enable the Hellenic Post to develop and provide a great range of services within the new environment of the full opening of the postal market”. He also pointed out that: “In this new landscape, EETT has a critical and essential role as the regulator of the liberalised postal market: experience has shown that, when the regulator has the characteristics of true independence and performs its work with thorough knowledge, a sense of responsibility and professionalism, it can then play a catalytic role both in the transition to the opening of the market as well as in its maintenance and subsequent smooth operation”.

The Secretary General for Consumers, Mr. Dimitrios Spyrakos, who was the keynote speaker in the second section of the Conference, stressed in his speech: “The focus of all these developments should be on consumers, so that full market liberalisation can contribute significantly in the further development and improvement of the provided services. For this reason, the consumer protection framework must be dynamic, in order to keep up with the conditions and developments that shape market operation”.

As a conclusion, the following two major challenges for the postal sector in Greece were presented:

• The implementation of a legislative framework, in view of the full opening of the postal market, which will, on the one hand, strengthen competition, ensure better quality, lower prices and a greater

variety of options for consumers and enterprises, and, on the other hand, it will preserve and improve the conditions for the provision of the Universal Service and the rights of the employees. It is therefore necessary to find a “unique formula” for the liberalisation framework in Greece, which will enable the achievement of the aforementioned targets, since, until now, European experience has shown that there are not any uniform solutions which could be applied in all member States.

• The adoption of new technologies for the provision of integrated and innovative services, with a view to market growth and to the protection of the environment.

EETT’s One-Day Conference

Future of the Postal Market: Regulatory Challenges and Tools for Development

From left to right: Messrs. M. Sakkas-EETT Vice President, Chr. Geraris-President of the Hellenic Data Protection Authority, N. Sifounakis-Vice Minister of the MITN, L. Kanellos-EETT President, E. Zerveas-Consumer’s Ombudsman, L. Rakintzis-Inspector General of Public Administration.

EETT’s Conference on “Future of the Postal Market: Regulatory Challenges and Tools for Development” was held successfully in Athens on Wednesday, April 21st, 2010.

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Electronic Communications

page: 7July 2010 • ISSUE No 25

The member states voted with an overwhelming majority (17 in favour, 1 against, 9 abstentions) at the 40th Meeting of the Communications Committee (COCOM) on June 17, 2010, in favour of the third draft of the European Commission’s Recommendation on “Regulated Access to Next Generation Access Networks”.

Despite the final positive vote, the majority of the member states still consider the Recommendation too detailed and prescriptive. This Recommendation ensued after several modifications in the texts of the European Commission and reconciliations with the comments of the participants in the member states’ Consultations, of the Body of European Regulators for Electronic Communications – BEREC and of other bodies. In fact, the final version of the Recommendation was mostly influenced by the (not binding) opinion of BEREC.

The Recommendation is aimed at creating a coordinated framework and way of conduct, for the Regulatory Authorities, in respect of the effect NGA Networks are expected to have on the Electronic Communications markets: (a) wholesale physical network infrastructure access at a fixed location (Market 4) and (b) market for wholesale broadband access (WBA) (Market 5). The above framework imposed by the Recommendation is mainly focused on the regulatory measures expected to be imposed by the Regulatory Authorities after a process of market analysis.

The aim of the new Recommendation is to avoid systematic deviations and divergences between the regulatory policies of the member states, so that potential NGA investors in Europe will enjoy the necessary regulatory confidence.

The Recommendation clarifies that the selection of the regulatory measures in the above mentioned markets must be made in the context of the market analysis process which is carried out by the Regulatory Authorities, according to the current regulatory framework. In any case however, the Authorities are required to also take into account the conditions at each member state, in defining the regulatory measures and not only the prescriptions of the Recommendation.

The Recommendation specifies a series of wholesale products and ways for their pricing in an NGA environment, in order to ensure the capability of competition for the other providers.

The approved Draft Recommendation is expected to be forwarded to the European Parliament for vote, a process which is expected to be completed in autumn, approximately two years after the first presentation of the Recommendation. In any case, the European Commission’s Recommendations are not binding, but the Regulatory Authorities are required to take them into account to greatest possible extent.

The New Recommendation on Regulated Access to Next Generation Access Networksby Mr. Ioannis Zacharopoulos, EETT Telecommunications Engineer

After two Public Consultations (autumn 2008, summer 2009), many discussions and delays, the Draft Recommendation of the European Commission on Regulated Access to Next Gen-eration Access Networks (NGA) is being forwarded to the European Parliament for vote.

NGA

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Main Article

page: 8July 2010 • ISSUE No 25

by the Secretary General for Communications, Prof. Sokratis Katsikas

The current main activities of the Ministry of Infrastructure, Transport and Networks in the Communications and Postal Services sector are focused on four areas of action:

1. Broadband development in the country.

2. Efficient Spectrum use.

3. Licensing the installation and operation of antenna constructions.

4. Transposition of the Community Directive for the postal market into national law.

1. Fiber-Optic Network

The aim of the actions in respect of broadband development in the country is to significantly increase the penetration rate of broadband connections, in order to reduce the distance that separates us from

the other member states of the European Union (EU). This actions range from exploitation of the existing infrastructures, such as the fiber-optic metropolitan rings, the increase of wireless broadband access infrastructures, the roll-out of broadband networks in rural areas and the creation of the new national fiber-to-the-home (FTTH) network infrastructure, which will enable provision of high speed broadband connections (of over 100 Mbps) to the final consumer. The main funding instrument for these actions is the National Strategic Reference Framework (NSRF-ESPA), for the exploitation of which technical datasheets are prepared for relevant projects.

Following an initiative of the Ministry of Infrastructure, Transport and Networks an international public invitation to tender was launched for selecting a techno-economic consultant who will redesign

the technical and economic parameters of the project, in order to make it financially viable and thus attractive to investors. On June 2, 2010, nine tenders were submitted for the consultant work. Provided that there will be no complications in the tender procedure (objections, appeals etc.), it is expected that the consultant will take up residence at summer and submit its first proposals in autumn.

The most important problem mentioned by all providers as a disincentive to further developing their fiber-optic infrastructure is the absence of regulations for the transit licensing process. Due to this absence, providers have to negotiate on a case-by-case basis with the competent Authorities, usually municipalities, without any ules. EETT has submitted a suggestion to the former Ministry of Transport and Communications for a relevant Joint

Immediate Objectives of the General Secretariat for

Communications:• Broadband Development

• Efficient Spectrum Use

• New Licensing Framework for Antenna Constructions

• Successful Liberalisation of the Postal Market

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page: 9July 2010 • ISSUE No 25

Main Article

Ministerial Decision (JMD) since 2008.However, the procedure for signing the Decision had not been completed until October 2009. The draft Decision has already been submitted for Public Consultation, which ended on June 18, 2010. After processing the comments of the Public Consultation, the JMD is soon expected to be signed and published in the Government Gazette.

2. Efficient use of the Radiofrequency Spectrum

The radiofrequency spectrum is a scarce national resource. The objective of the actions regarding the efficient use of the spectrum is its rational exploitation. This primary objective is complemented and specialised by particular objectives which are mainly the setup of an effective and practicable institutional and legal framework for the operation of electronic media (television and radio), the smooth and organised transition of the country to digital broadcasting and the optimal use of the spectrum that will be liberalised due to this transition, to the benefit of the country.

The assessment of the spectrum’s value is an important step towards the establishment of a strategy and the development of policies for its effective use. To this end, a notice was prepared for the recruitment of a specialised techno-economic consultant and it was submitted for Public Consultation which has been completed. The relevant contract notice is expected to be published within the following days. The result of the consultant’s work, apparently together with political and social data, will be used as a component for the support of decision making for the optimal use of the spectrum. At the same time, Working Groups have been set in motion with the task of preparing secondary regulations which constitute

a necessary completion of the current legal framework (e.g. frequency maps, antenna park siting, licensing process for antenna constructions) as well as entering into negotiations with the countries neighbouring Greece in terms of telecommunications, in order to achieve international coordination and entrench frequencies according to the procedures of the International Telecommunication Union - ITU).

3. Licensing the Installation and Operation of Antenna Constructions

The objective of the actions in respect of licensing the installation and operation of antenna constructions is to create a new, effective and practicable legislative framework which will radically reduce the time required for the licensing of antenna constructions. The current, since 2006, legal framework has been proven ineffective, since the average time required for obtaining the relevant license is longer than two years, when the respective time in the rest of EU member states is not longer than 7.5 months.

At the Ministry of Infrastructure, Transport and Networks a relevant Working Group has been set up, which has completed the first stage of its works for the station installations and antenna constructions that are exempt from the licensing obligation. The result of this stage has been submitted for Consultation to the bodies concerned. The Group is working towards the preparation of a draft Ministerial Decision (MD) on standardised antenna constructions, a task which is expected to be completed within the immediately following weeks. The following and last stage of the Group’s works comprises the preparation of a proposal for the reformation of the existing licensing procedure for the installation and operation as well as for the dismantling of

non-licensed antenna constructions, with a view to radically reducing the required time whilst respecting the principles of safeguarding public health, protecting the environment and the country’s natural wealth and preserving the cultural heritage. This draft Decision is expected to be available by the end of August.

4. Transposition of the Community Directive for the Postal Market into National Law

The full liberalisation, until 2013, of the postal market constitutes, pursuant to a community Directive, an obligation for the country. The relevant actions are aimed at the harmonisation of the existing legislation with the prescriptions of community law and particularly with Directive 2008/6/EC. The main objective of the Directive is to determine the way for the full liberalisation of the postal market, whilst ensuring the provision of high quality Universal Service (US) in the Greek Territory, in order to enable the growth of the Greek postal market and improve its quality, to the benefit of citizens.

A Working Group has already been set up at the Ministry of Infrastructure, Transport and Networks, which, making effective use of a relevant suggestion by EETT, has almost completed the preparation of a Draft Law, which determines the time schedules for the liberalisation of the market, sets new rules for the assignment, funding, safeguarding of the quality standards and the way of pricing and the transparency of US bills, and generally, the establishment of system for the liberalisation of the postal market. After the Public Consultation procedure, the relevant Draft Law is expected to be submitted to the Hellenic Parliament in October, in order to become a proper law of the State by the end of the year.

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wireless networks, which makes even more significant the optimal use of the entire spectrum in a manner that encourages investments and advances its technologically neutral use according to the prescriptions of European law.

5th Black Sea and Caspian Regulatory Conference

Following an invitation of the Turkish Regulatory Authority (ICTA), Dr. L. Kanellos participated in the 5th Black Sea and Caspian Regulatory Conference, which was held in Istanbul in April 2010, on “The Future of Broadband”, and chaired the first session “The Future of Broadband from the Regulators’ Perspective”. In his intervention he referred to the importance of the convergence of fixed and mobile networks for the growth of competition and to the role of Local Loop Unbundling (LLU) in broadband penetration.

Telecommunications, Media and Technology Conference

The President of EETT participated in the Financial Times Conference, which was

International Relations

page: 10July 2010 • ISSUE No 25

14th Roundtable with the Government of Greece

In April 2010, the Economist 14th

Roundtable was held in Athens, on the leadership strategy for the government, the enterprises and the economy.

EETT’s President, in his speech on “Broadband Infrastructures for the Digital Era: Regulatory Framework and Investment Initiatives” referred to the necessity of rolling out Next Generation Access networks (NGA), in order to improve competitiveness of the Greek economy and support the provision of new services.

The development of these new networks can be achieved, where there is sufficient financial interest, by market initiative. In areas where there is not market interest by industry players it is often that the co-operation of the State may be necessary. Such an intervention requires the approval of the European Commission, in order to avoid distortion of competition and ensure compliance with the European Directive on state aid to broadband networks.

Nevertheless, effective coverage of the country as a whole with broadband networks can only be achieved with the complementary use of wired and

Participation of EETT in International Meetings

International Meetings

The President of EETT, Dr. Leonidas Kanellos, participated in a number of international meetings, where he had a chance to exchange views on the present and the future of Electronic Communications in Greece and in the European Union (EU).

Snapshot from Economist’s "14th Roundtable with the Government of Greece".

held in May 2010 in Athens. The objective of the Conference was to discuss and assess the new converging industry which is being shaped in our country, as well as the investments that are required for creating an effective perspective.

In his speech, he said that in order for the country to be able to handle the current economic juncture, it is necessary in each section to establish a strategy that will lead to the attraction of competitive investments in new and innovative products and services, with a high value for money. In the telecommunications sector, significant measures must be taken to limit the protective walls and shape a competitive environment where the development of new, innovative applications will be encouraged. The transition to digital television constitutes a particularly important step towards that direction.

Green ICT: Green Information and Communications Technologies

In May 2010, at the One-Day Conference “Green ICT: Green Information and Communications Technologies” hosted by the Technical Chamber of Greece, the President of EETT, in his speech on “Next Generation Access Networks: Regulatory Issues and Challenges”, referred to the significant contribution that the Regulatory Authority’s work must have in green growth. This contribution is achieved by encouraging investments in new high speed networks, promoting the joint and more effective use of infrastructures, creating the conditions for the operation of green applications and ensuring an environment which will enable investing in “green” solutions and “smart” services.

The President of EETT, Dr. L. Kanellos (right) with the President of ICTA, Dr. T. Acarer at the 5th Black Sea and Caspian Regulatory Conference.

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Fair Competition Issues

page: 11July 2010 • ISSUE No 25

EETT’s Leniency Programme

The Programme sets forth the terms and conditions for immunity or reduction from fines imposed to undertakings, which contribute and self-report to the investigation of infringements of the provisions of Law 703/1977, “On the Control of Monopolies, Oligopolies, and on the Protection of free Competition”.

Clearly, the initiation of investigation proceedings or the detection and even more the collection of evidence which proves an infringement regarding secret horizontal collusive practices (cartels), constitute perhaps the most difficult and complex activity for all competition authorities.

In accordance to the international practice, EETT adopted this “Leniency Programme”, in order to provide an opportunity to all the undertakings-providers to actively collaborate with the authority, with the benefit of full immunity or even reduction from the fines that would be possibly imposed to them, after an infringement of article 1 of Law 703/1977 would be proved. Thus, each undertaking will be “rewarded” for its cooperation with EETT, while the transparency and the legal certainty of this procedure is an undisputed advantage. In any case, the effective implementation of such a procedure will also contribute to the protection of consumers from unlawful agreements and concerted practices, which manipulate the market and limit their choices both at price and services level.

This Decision of “EETT’s Leniency Programme” foressees the specific

conditions as well as the time frame that must be followed by every interested party in order to achieve either its full immunity or the reduction of the relevant fines, when confirming an excellent and substantial cooperation with EETT.Indisputably, from a political point of view, the benefit which results for the consumers and the society after the detection and prosecution of the illegal cartels is much greater than the accrued profit of the imposition of fines to those undertakings, which provide effective assistance to the competition Authority in detecting and combating such practices.

The Decision of “EETT’s Leniency Programme” shall be subject to all eventual periodical modifications required, in order to be harmonised with the one of the Hellenic Competition Commission and the ECN Leniency Model Programme, proposed by the European Commission. After all, the European Commission’s experience to date has demonstrated that the Leniency Programme has a significant contribution to the “war against the cartels”, alongside with all the other measures of close surveillance of the markets, foreseen in the competition legislation. Certainly, the value of a Leniency Programme is expected to be much greater in markets with a distinct oligopolistic structure and serious barriers to entry, since in those markets, the incentives for agreements and/or restrictive – concerted practices among the parties involved, are quite high.

In any case, EETT is constantly monitoring the structure and the conditions of competition in the Greek Electronic

Communications and Postal Services market, as the authority is making fully efficient use of its spectrum of competencies as Competition Authority, within the framework of Law 703/1977. The implementation of a “Leniency Programme” in the specific communications market, characterized by particular technological characteristics, stable regulatory environment, high market shares and various barriers to entry, is surely expected to secure equality of opportunities as well as consumer protection.

Leniency Programme

In an effort to envisage and combat the distortions of competition in the Electronic Communications market in a more efficient manner, EETT, following the policy of the Hellenic Competition Commission, adopted a “Leniency Programme”, within the scope of its statutory responsibilities, according to Law 3431/2006 and Law 703/1977.

by Xanthi G. Bizidou, Lawyer-EETT

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Electronic Communications

page: 12July 2010 • ISSUE No 25

5th International Conference of EETT

Next Generation Access Networks:Unleashing the Potential for the Citizen and the Economy

International Conference of EETT

On 17 and 18 June 2010, the 5th International Conference of EETT, dedicated to Next Generation Access Networks (NGA) was held with particular success. A multitude of Greek and foreign speakers participated in the Conference, including representatives from Regulatory Authorities, Electronic Communications and television station operators, users and providers of fixed and mobile services.

The objective of the Conference was to highlight the new challenges and potentials marked by the transition to NGA at social, economic, developmental and regulatory level. During the two days of the Conference, the agenda included presentations based on experiences of pioneering NGA applications at international level, discussions on the ways of handling business challenges and on the establishment of strategies for their development, as well as a review of the regulatory interventions required for the encouragement of investments and the protection of competition.

The Minister of Infrastructure, Transport and Networks, Mr. Dimitris Reppas gave the inaugural speech, while the Vice President of the European Commission and Commissioner

for Digital Agenda, Mrs. Νeelie Kroes, ad-dressed a video message to the Conference participants. A message was also sent by the Deputy Minister of Infrastructure, Transport and Networks, Mr. Nikos Sifounakis, while the representatives of the Greek political parties, Mr. Stavros Kalafatis, Responsible for the De-partment of Transport and Communications /Nea Dimokratia, Mr. Makis Papadopoulos, Member of KKE’s Central Committee, Responsible for the Finance Department, Mr. Aggelos Kolokotronis, Member of the Greek Parliament, Representative of LAOS and Mr. Yannis Tsironis, Representative of Ecogreens, Coordinator of the Executive Committee, addressed their greetings.

The President of EETT, Dr. Leonidas Kanellos, after welcoming the participants, stressed

that the dissemination of broadband networks is closely related to each country’s financial growth and the creation of new jobs and also underlined the significant progress that has taken place in Greece in the recent years. More specifically, he pointed out that broadband penetration has exceeded the percentage of 18%, nominal internet access speeds have spectacularly increased and a sharp decrease of retail prices has been registered and, as a result, our country is now ranking among the most inexpensive countries of the Organisation for Economic Co-operation and Development (OECD) as regards the cost of broadband access. Special mention was made to the regulatory interventions that are required as well as to EETT’s significant role in shaping

The President of EETT, Dr. L. Kanellos. The Secretary General of Communications, Mr. S. Katsikas.

The Minister of Infrastructure, Transport and Networks, Mr. D. Reppas.

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page: 13July 2010 • ISSUE No 25

Electronic Communications

the framework and consolidating the sense of stability and security in the market.

The Commissioner Mrs. Kroes highlighted the importance of NGA, both as a key for growth and as a social cohesion factor. She also stressed that, despite the difficulties arising from the current economic juncture, digital switchover is a top priority, calling for the assumption of relevant initiatives and the speeding-up of procedures. Particularly in respect of the digital switchover, Mrs. Kroes referred to the great significance of the full and efficient use of the digital spectrum, encouraging Greece to proceed at a higher pace to the adoption of an appropriate legislative framework.

The Minister of Infrastructure, Transport and Networks, Mr. Dimitris Reppas, in his speech, set as priorities for the following years the further development of broadband products and services throughout the country, a more efficient use of the spectrum in view of the digital dividend that will result from the full transition to digital broadcasting, the strengthening of the role of ELTA – particularly in view of the liberalisation of the postal market in 2012 – and the protection of consumer rights. Moreover, he referred to specific actions aimed at the development of broadband products, while he set as the ultimate objective the creation of a new national Fiber To The Home (FTTH) network infrastructure which will enable provision of high speed broadband connections (of over 100 Mbps) to the final consumer.

The first section, with the participation of many foreign speakers, included the presentation of best practices for efficient use of the NGA networks and the discussion of their beneficial use at national, regional and local level. The second section, with the Secretary General for Communications,

Professor Sokratis Katsikas and the President and CEO of OTE, Mr. Panagis Vourloumis, as keynote speakers, had the character of a roundtable, giving the opportunity to representatives of the providers to exchange useful opinions and experiences from the market.

On the second day of the Conference, the Deputy Minister of Infrastructure, Transport and Networks, Mr. Nikos Sifounakis, in his message to the participants, noted that, today, a technological leap is being attempted in Greece. Although the percentages of digital users are still low, priority has been given to the roll-out of fiber-optic networks and to the exploitation of the digital dividend, whilst seeking opportunities for collaboration between the private and the public sector. Referring to EETT, Mr. Sifounakis highlighted the important institutional role of the Regulatory Authority in the development dimension of the NGA networks, stressing that the issue may be to protect competition, facilitate

investments but, what is of vital importance is the protection and prosperity of civil society.

The third section of the Conference was focused on the European regulatory policies for the development of NGA networks, having as keynote speaker Mr. Reinald Krϋeger, Head of Unit B.5 of the European Commission’s Information Society and Media Directorate General, while the fourth section was dedicated to the unveiling of opportunities of mobile broadband. The works of the Conference were concluded with a special section dedicated to the digital switchover with the participation of public and private television representatives. This section’s keynote speaker was the Commissioner of Telecommunications and Postal Regulations of Cyprus, Dr. Polys Michaelides.

One of the top priorities of EETT’s Administration is the exploitation of the Conference’s conclusions and the continuation of the public dialogue on digital Greece of the future.

Mr. St. Kalafatis, Responsible for the Department of Transport and Communications, Nea Dimokratia.

Mr. Aggelos Kolokotronis, Member of the Greek Parliament, LAOS.

Mr. Makis Papadopoulos, Member of KKE’s Central Committee, Responsible for the Finance Department.

Mr. Yannis Tsironis, Coordinator of the Executive Committee, Ecogreens.

Mr. A. Syrigos - EETT Vice President, Coordinator of the 5th Section (centre) with the speakers (from left to right), Mr. P. Michaelides – OCECPR Commissioner, Mr. G. Gampritsos - President & CEO-ΕRΤ, Mrs. O. O’Reilly – International Relations, ComReg and Mr. G. Mathios - General Director, Digea.

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Electronic Communications

page: 14July 2010 • ISSUE No 25

The European Commission’s 15th Progress Report on the Single European Electronic Communications Market 2009Findings with Regard to Greece and the Work of EETT

The Report describes the work carried out by EETT in 2009 as very successful and with evident influence to all sectors of the market. Areas where particular emphasis was given was the strengthening of competition in retail markets, the increased availability of wholesale products, the increased transparency in the decision-making process and the decrease of

15th Report of the European Commission

The European Commission’s 15th Progress Report on the Single European Electronic Communications Market has been recently published.

consumer complaints. At the same time, this year’s report highlights the significant progress but also the great structural deficiencies of the Greek telecom market, as well as the need for further intensive efforts, in order to bridge the gap that separates our country from the rest of Europe.

In the broadband market, the number

of lines reached at the end of 2009 to 1,916,630 (penetration rate of 17%, based on population), compared to 1,506,614 at the end of 2008 (increase of 27%). The increase of broadband penetration in 2009 (3.4%) was the 3rd higher among the European Union (EU) Member States, demonstrating the country’s ongoing progress in respect of convergence with the rest of Europe. The positive course of the market is also reflected on the adoption of bundling service, which, at the end of 2009 reached a penetration rate of 8.5% of the population, compared to 4.6% at the end of 2008 (increase of 86%).

The main vehicle for this growth was Local Loop Unbundling (LLU), which reached at the end of 2009 at 987,310 lines, compared to 646,124 lines at the end of 2008 (increase of 53%). By contrast, a significant deficiency is the absence of fixed alternative networks, since Greece is the only EU country where the percentage of fixed broadband lines through non-DSL (Digital Subscriber Line) technologies is close to zero.

In the mobile telephony market, Greece is one of the countries that presented a significant increase in respect of penetration, which is slightly above the European average (125%, compared to 122%). By contrast, the penetration of mobile broadband remains low, since the rate of connections for the provision of broadband internet access to a portable

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computer through mobile networks is only 2%, compared to a European average of 5.2%. Termination rates in mobile telephony networks in Greece remained in October 2009 significantly higher compared to the European average (7.86 eurocents/min compared to 6.7 eurocents/min) however with a significant downward trend, since from January 1, 2010 they were reduced to 6.24 eurocents/min.

In the fixed telephony market, high concentration remains. OTE has a share of 71.8% of the volume over the total of voice calls, compared to 60.5% of the European average. Accordingly, the percentage of consumers connecting directly to networks of alternative providers is at 14.7%, compared to 24.1% of the European average. LLU still is the only vehicle for the operation of competition in terms of infrastructures.

Number Portability in Greece presents an intense dynamic and constitutes an important vehicle for the strengthening of competition. There is however a considerable scope for improvement in respect of the time required for mobile

and fixed telephony number portability (porting time), which today in Greece is 12 days, being one of the longest in Europe. It is noted that EETT introduced in 2010 a significant reduction of these time durations from 12 to 3 days.

As regards consumer protection, emphasis has been devoted in the significant decrease of complaints, mainly due to EETT’s initiatives (codes of practice etc.), to the efforts of the providers to improve their services and practices towards consumers, but also to the imposition of severe sanctions on the part of EETT in cases of law infringements.

Finally, the Report highlights the great challenges faced by our country:

• The need for immediate completion of secondary legislation, particularly as regards the Rights of Transit, as the absence of the relevant legal framework is significantly hindering the development of new network infrastructures.

• Addressing the problems in the installation of antennas, which have a serious impact on the development and

operation of wireless networks as well as on the spread of mobile broadband.

• The need to speed-up the project for the fiber optic network (Fiber To The Home - FTTH), which is one of the Government’s priorities, as the current delays are creating a climate of uncertainty in the market.

• The introduction of technologies other than GSM (Global System for Mobile Communications) in the bands of 900 and 1800 MHz.

• The important risks for delays in the process of the digital switchover, since, so far, no licenses (digital or analogue) have been granted, no antenna parks have been sited and no decision has been taken in respect of the digital dividend.

• The need to complete the transposition of the Data Protection Directive into Greek legislation, the delay of which has resulted in Greece having been referred to and censured by the European Court of Justice.

• The long delays in appeal proceedings, mainly against regulatory decisions, pending a ruling on which court has jurisdiction.

page: 15July 2010 • ISSUE No 25

Electronic Communications

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Penetration 12/2009 Penetration Increase 2009

ChartBroadband Penetration Increase in the EU Member States, 2009

Source: EETT, based on data from European Commission’s 15th Progress Report on the Single European Electronic Communications Market 2009

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ΚΕΜΠ.ΚΡΥΟΝΕΡΙΟΥ

175

Radiofrequency Spectrum

Ελληνική Ομάδα Διάσωσης

Letter of Thanks From The Hellenic Rescue TeamThe Administration Council of the Hellenic Rescue Team has sent to the President of EETT, Dr. Leonidas Kanellos, a letter of thanks for the resolution after 31 years of an important problem that the team had been facing in respect of the Private Mobile Radio Networks (PMR).