Telecoms, Media & Internet Laws & Regulations 2016: An Overview of the EU Regulatory Framework

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

The EU Regulatory Framework for electronic communications networks and services (the “Regulatory Framework”) is the basis for all national telecommunications laws in the EU Member States. The Regulatory Framework provides general and technology neutral rules applying to all electronic communications networks and services covering fixed and wireless telecoms, data transmission and broadcasting transmission. It contains provisions for the structure and functioning of national telecommunications providers, and it also sets out the framework for both general rules applying to all providers of electronic communications networks and services and particular rules which may only be imposed by national regulatory authorities (“NRAs”) on operators with significant market power (“SMP”). The Regulatory Framework only relates to the provision of electronic communications networks and services, and does not cover the content of these services. One of the main objectives of the Regulatory Framework is to align the sectoral regulation of the electronic communications market with general competition principles. As a consequence, the Regulatory Framework adopts the principle that ex ante regulation should only be imposed where there is ineffective competition, i.e. in markets where there are one or more undertakings with SMP and where competition law remedies are not sufficient enough to address the problem. To read the full article, click here.

This article appeared in the 2016 edition of The International Comparative Legal Guide to: Telecoms, Media & Internet Laws & Regulations; published by Global Legal Group Ltd, London.