Two public consultations related to access for alternative operators to the fixed telephone and broadband networks of established operators have been launched by the European Commission. The first consultation concerns more in particular the non-discriminatory access for alternative operators to the infrastructure and services of dominant telecom operators. The second concerns the way national regulators calculate prices that operators have to pay for this wholesale access (cost-orientation remedies).

The European Commission has opened two public consultations related to efforts to boost the Single Market for telecoms services by ensuring consistent and coherent approaches to regulating telephone and broadband networks in all Member States. These efforts are part of the Digital Agenda for Europe's objectives. In particular, the public consultations refers to non-discriminatory access for alternative operators to the infrastructure and services of dominant telecom operators and the way national regulators calculate prices that operators have to pay for this wholesale access (cost-orientation remedies). The results will help the Commission to draft Recommendations for a consistent, investment-friendly application of non-discrimination and price control remedies. In addition, last July the Commission made public that 20 Member States had not yet notified measures to implement in full new EU telecoms rules.

According to the Commission, regulatory consistency is crucial to ensuring that telecoms operators have predictability and regulatory clarity, particularly when considering the large scale investments needed to roll-out ultra-fast optical fibre-based networks. Consistency also helps telecoms operators to be active in several Member States. The consultation on wholesale pricing examines in particular how the relationship between copper and fibre access prices can affect the incentives to invest in new fibre-based networks. Both consultations are open to telecoms operators, consumer organisations, national regulators, Member States and other interested parties until 28 November 2011.

Both consultations are motivated by the fact the Commission has found that national regulators' understanding differs as to the exact scope and application of the "non-discrimination obligation" and that their monitoring and enforcement also vary. Besides, national telecoms regulators also apply significantly divergent approaches when setting cost-oriented prices, which alternative operators must pay for accessing telecoms infrastructure.