Summary Notification Form

Notification of Draft Measures Pursuant to Article 7(3) of Directive 2002/21/EC (Framework Directive) for the market of Wholesale broadband access (market 5 of COMMISSION RECOMMENDATION1)

EETT has conducted an analysis of the market for Wholesale broadband access (market 5 of COMMISSION RECOMMENDATION), in accordance with the obligations listed in Article 16 of Directive 2002/21/EC (Framework Directive). In the context of its Market Definition and Analysis procedures with regard to the aforementioned market, EETT is carrying out, in parallel, a European and National Public Consultation on Market Definition, Analysis and proposed Remedies, commencing on May 25th, 2011 and ending on June 27th, 2011.

EETT hereby notifies the Commission of its proposed measures in accordance with Article 7(3) of Directive 2002/21/EC. The proposed findings are set out in the attached Summary Notification form.

Responses are invited and may be sent to the following address by June 27th, 2011: EETT 60 , Kifissias Avenue Maroussi, 151 25 Athens, Greece Email address: [email protected]

1Commission Recommendation of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, EE L 344/65/28.12.2007

1 Summary Notification Form

SECTION 1 - Market definition 1.1 Affected relevant product/ service markets. The affected relevant product/ service market under review is the Wholesale broadband access. This market is included in the Commission’s Recommendation of 2007 [E(2007) 5406, December 17ht 2007] as market number 5. See chapter 2, section2.8.

1.2 Affected relevant geographic market. The relevant geographic market for Wholesale broadband access is Greece. See chapter 2, section 2.9.

1.3 Brief summary of the opinion of the National Competition Authority where provided. Not applicable. By power of the Greek Law on Electronic Communications (Law 3431/2006 ‘On Electronic Communications and other provisions’ [National Gazette No13/03.02.2006]) and more specifically Art.12f competence on Competition law matters with regard to the Electronic Communications sector lies with the EETT and not with the Hellenic National Competition Authority (NCA).

1.4 Overview of the results of the national public consultation on market definition. Not applicable.

1.5 If the defined relevant market is different from those listed in the Recommendation on relevant markets, a summary of the main reasons, which justified the proposed market definition. Not applicable

SECTION 2 – Designation of Undertakings with Significant Market Power OTE has been designated as having SMP in the relevant market for Wholesale broadband access. See chapter 3, sections 3.2 – 3.7

2.2 Criteria for SMP designation . Market shares

. Barriers to Entry and expansion and Potential Competition

. Economies of scale and scope, vertical integration

. Countervailing Buying Power

. Market dynamics

2 . Anti competitive practices of OTE See chapter 3, paragraphs 3.2 – 3.7

2.3 Main undertakings in the relevant market OTE

2.4 Market shares of undertakings mentioned above & basis of their calculation OTE has a market share that is close to 100% (98,13%) in the relevant market for Wholesale broadband access. See chapter 3, paragraph 3.2.

2.5 Summary of the opinion of the National Competition Authority Not applicable. By power of the Greek Law on Electronic Communications (Law 3431/2006 ‘On Electronic Communications and other provisions’ [National Gazette No13/03.02.2006]) and more specifically Art.12 competence on Competition law matters with regard to the Electronic Communications sector lies with the EETT and not with the Hellenic National Competition Authority (NCA).

2.6 Results of the public consultation on SMP designation and proposed remedies Not applicable

SECTION 3 – Regulatory Obligationς

3.1 Legal basis for the obligations Articles 8 to 13 of the Access Directive / Law 3431/2006 ‘On Electronic Communications and other provisions’ [National Gazette No13/03.02.2006], Articles 16, 17, 35, 36, 37, 38, 39, 42, 43, 44, 45.

3.2 Regulatory obligations The following main obligations are proposed to be imposed on OTE:  Mandated access to a specified minimum list of services and facilities: − maintenance of wholesale bitstream access at national ATM/IP handover point (national bitstream offering) (TYPE A), − maintenance of wholesale bitstream access at regional ATM/IP hand-over points (regional bitstream offering – access at BBRAS level) (TYPE B), − maintenance of wholesale bitstream access at DSLAM level (or multiplexing node of OTE) (TYPE C).

3  In addition, obligation of access to specified network elements and/or facilities, collocation, technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services, as well as  Operational support systems or, similar software systems necessary to ensure fair competition in the provision of services.  Obligation to negotiate in good faith and to meet all reasonable requests for access to, and use of other (additional) wholesale bitstream access products, features or additional associated facilities by undertakings requesting access to or use of such wholesale bitstream access products, features or additional associated facilities, as provided for by Article 12 of the Access Directive.  Obligation to provide to undertakings the possibility to “switch” between the WBA services  Obligation to conclude Service Level Agreements (SLAs) regarding the aforementioned services and facilities.

 Obligation of non-discrimination in favor of OTE’s own retail arm (including subsidiaries and affiliated undertakings) including the obligation: − To apply equivalent conditions (including technical and economical) in equivalent circumstances to other undertakings providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services, or those of it subsidiaries or partners. − to provide sufficient wholesale products to support the full range of OTE retail offerings. − Not to discriminate regarding information systems − Obligation of OTE to make new wholesale broadband access products available three (3) months before OTE or its retail subsidiary markets launches its own corresponding NGA retail services, in order to safeguard the principle of non discrimination.

 Obligation of transparency, including , inter alia, the requirement to: − Publish a Reference Bitstream Access Offer, to be approved by EETT,

4 − continue to provide access as well as the same offers, according to conditions provided for in the currently in force reference offer, − make public specified information, such as accounting information, technical specifications, network characteristics, terms and conditions for supply and use (including Quality Of Service, (QOS) information and Key Performance Indicators (KPI) ) and prices, − to continue to publish all information provided for in the currently in force reference offer − to notify to EETT all contracts concluded according to the aforementioned Reference offer, as well as any advanced SLAs concluded, under business agreement.

 Obligation of accounting separation to provide financial information for all separated accounts as stated in EETT’s relevant Decision (including possible future wholesale offers on fiber optics).

 Price control and cost accounting obligation for wholesale broadband services and related facilities based on Cost Orientation using the methodology of LRAIC/Current Cost).

 Obligation regarding the constraint of spectrum interference of different xDSL technologies

See chapter 4, section 4.7.

The reasons for which the imposition, maintenance or amendment of obligations on undertakings is considered proportional and justified in the light of the objectives laid down in Article 8 of Directive 2002/21/EC (Framework Directive) are exposed analytically in chapter 4, sections 4.6 and 4.7 of the draft measure

3.3 “Exceptional circumstances” for remedies proposed other than those set out in Articles 9 to 13 of Directive 2002/19/ EC Not applicable.

5 SECTION 4 – Compliance with International Obligations

4.1 Obligations to be imposed, amended or withdrawn as provided for in Article 8(5) of Directive 2002/19/EC Not applicable

4.2 Undertakings concerned Not applicable

4.3 International commitments entered by the Community & its Member States that need to be respected Not applicable