Commission Recommendation

of 20 March 2000

amending Recommendation 98/511/EC on interconnection in a liberalised telecommunications market (Part 1 - Interconnection pricing)

(notified under document number C(2000) 651)

(Text with EEA relevance)

(2000/263/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP)(1), as amended by Directive 98/61/EC(2), and in particular Article 7(5) thereof,

After consultation of the advisory committee set up by Article 9(1) of Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision(3), as amended by Directive 97/51/EC of the European Parliament and of the Council(4),

(1) Whereas point 9 of Commission Recommendation 98/511/EC(5) that amends Recommendation 98/195/EC(6) on interconnection in a liberalised telecommunications market (Part 1 - Interconnection pricing), states that the Recommendation, and in particular the "best current practice charges" in point 4 and the data in Annex II, will be reviewed by the Commission by 31 July 1999 at the latest and updated where necessary.

(2) Whereas, as noted in the fifth report on the implementation of the telecommunications regulatory package(7), suitable cost accounting systems have not yet been implemented in a large number of Member States and therefore it is considered appropriate to update the "best current practice" prices ranges in this Recommendation for year 2000.

(3) Whereas in implementing the requirement for interconnection charges to be cost oriented, the "best current practice" charges provide guidance to national regulatory authorities for assessing the interconnection charges for call termination proposed by operators notified as having significant market power, in the absence of adequate cost accounting information.

(4) Whereas it is appropriate that the next review of this Recommendation at the end of 2000 should assess in particular the need to continue with publication of "best current practice" charges and the methodology used,

HEREBY RECOMMENDS:

Article 1

Recommendation 98/511/EC is amended as follows:

1. Point 4a is replaced by the following: "4a. Based on the data given in Annex II of this Recommendation, the following 'best current practice' charges are recommended maximum interconnection charges for the period starting 1 January 2000:

'Best current practice' interconnection charges

>PIC FILE= "L_2000083EN.003101.EPS">"

2. The wording of point 9 is replaced by the following sentence: "This Recommendation, in particular the need to continue with publication of 'best current practice' charges and the methodology used, will be reviewed at the end of 2000".

3. Figure 1a in section 1 of Annex II is replaced by the following:

"Figure 1a:

Interconnection rates for call termination (1 November 1999)

>PIC FILE= "L_2000083EN.003102.EPS">"

4. The table in section 3 of Annex II is replaced by the Table in the attached Annex.

Article 2

This Recommendation is addressed to the Member States.

Done at Brussels, 20 March 2000.

For the Commission

Erkki Liikanen

Member of the Commission

(1) OJ L 199, 26.7.1997, p. 32.

(2) OJ L 268, 3.10.1998, p. 37.

(3) OJ L 192, 24.7.1990, p. 1.

(4) OJ L 295, 29.10.1997, p. 23.

(5) OJ L 228, 15.8.1998, p. 30.

(6) OJ L 73, 12.3.1998, p. 42.

(7) COM (1999) 537.

ANNEX

Table

Interconnection cost data for Member States (1 November 1999)

>TABLE>

Source:

Commission and national regulatory authorities.

Notes