COMMISSION RECOMMENDATION of 29 July 1998 amending Recommendation 98/195/EC on interconnection in a liberalised telecommunications market (Part 1 - Interconnection pricing) (notified under document number C(1998) 2234) (Text with EEA relevance) (98/511/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), and in particular Article 7(5) thereof,

Whereas point 9 of Recommendation 98/195/EC (2) 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 1998 at the latest, and updated where necessary;

Whereas the 'best current practice` interconnection in point 4 of the Recommendation and the interconnection cost data for Member States in Annex II thereto should be updated;

Whereas 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), has been consulted,

MAKES THE FOLLOWING RECOMMENDATION:

Article 1

Recommendation 98/195/EC is amended as follows:

1. The following point 4a is inserted:

'4a. Based on the data given in Annex II, the following "best current practice" charges are recommended maximum interconnection charges for the period starting 1 January 1999:

"Best current practice" interconnection charges

"Best current practice" interconnection charge for call termination at the LOCAL level (i.e. at a local exchange or as near a local exchange as possible)

between 0,5 and 1,0 ECU/100 per minute (at peak rate)

"Best current practice" interconnection charge for SINGLE TRANSIT interconnection (metropolitan level)

between 0,8 and 1,6 ECU/100 per minute (at peak rate)

"Best current practice" interconnection charge for DOUBLE TRANSIT interconnection (national level - more than 200 km)

between 1,5 and 2,3 ECU/100 per minute (at peak rate)`

2. In point 9, the date of 31 July 1998 is replaced by the date of 31 July 1999.

3. Figure 1a below is inserted in section 1 of Annex II:

'Figure 1a:

Interconnection rates for call termination (May 1998)

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(1) Last tariffs proposed by the operator but not yet approved by the national regulatory authority.`

4. The table in the Annex is added to section 3 of Annex II.

Article 2

This Recommendation is addressed to the Member States.

Done at Brussels, 29 July 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 199, 26. 7. 1997, p. 32.

(2) OJ L 73, 12. 3. 1998, p. 42.

(3) OJ L 192, 24. 7. 1990, p. 1.

(4) OJ L 295, 29. 10. 1997, p. 23.

ANNEX

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