EUROPEAN COMMISSION
Brussels, 18.2.2021 C(2021) 1218 final
Bundesnetzagentur (BNetzA)
Tulpenfeld 4 53113 Bonn Germany
For the attention of: Mr Jochen Homann President
Subject: Case DE/2021/2299: Wholesale voice call termination on individual mobile networks in Germany
Article 32(3) of Directive (EU) 2018/1972: No comments
Dear Mr Homann,
1. PROCEDURE
On 19 January 2021, the Commission registered a notification from the German national regulatory authority, Bundesnetzagentur (BNetzA)1, concerning the market for wholesale voice call termination on individual mobile networks2 in Germany.
1 Under Article 32 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (the Code) (OJ L 321, 17.12.2018, p. 36). 2 Corresponding to market 2 in Commission Recommendation 2014/710/EU of 9 October 2014 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 of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (2014 Recommendation on Relevant Markets) (OJ L 295,
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
The national consultation3 ran from 30 November to 30 December 2020.
2. DESCRIPTION OF THE DRAFT MEASURE
The draft measures concern wholesale voice call termination on individual mobile networks (‘mobile termination markets’). They amend the obligations imposed on eight mobile operators and impose new obligations on two further mobile operators.
2.1. Background
The latest review of the mobile termination markets in Germany was notified to and assessed by the Commission under case DE/2020/22704.
The market review covered the market definition and the designation of operators as having significant market power (SMP) on the mobile termination markets. It did not cover remedies.
For the market definition BNetzA applied a number-based (rather than network- based) approach. Further, it did not distinguish between termination services provided to calls originated within or outside the Union.
BNetzA defined ten distinct mobile termination markets and designated the operator of each network as having significant market power: Telekom Deutschland, Vodafone, Telefónica, Sipgate, Truphone, Lycamobile, Voiceworks, TelcoVillage, argon and Multiconnect.
The Commission had no comments on the market review.
2.2. Regulatory remedies
BNetzA proposes to impose largely the same obligations on mobile operators as previously, with the notable exception of price control5. The price control obligation (i.e. setting a maximum mobile termination rate) is not deemed necessary due to the Delegated Regulation setting a single maximum Union-wide mobile voice termination rate and a single maximum Union-wide fixed voice termination rate. Moreover, BNetzA proposes to impose the access obligation only in relation to calls where the single maximum Union-wide mobile voice termination rate is applicable. These are all calls originated within European Economic Area (EEA) and those calls originated outside the EEA that fall under Article 1(4) of the Delegated Regulation.
11.10.2014, p. 79). This market has been removed from the list of the relevant markets that may warrant ex ante regulation which is contained in the currently applicable Commission Recommendation (EU) 2020/2245 of 18 December 2020 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with the Code (2020 Recommendation on Relevant Markets) (OJ L 439, 29.12.2020, p. 23-31). 3 In accordance with Article 23 of the Code. 4 C(2020) 7245. 5 Imposed obligations enter into force with the applicability of the Delegated Regulation (https://eur- lex.europa.eu/legal-content/EN/TXT/?uri=pi_com%3AAres%282020%294402575).
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BNetzA proposes to impose the following obligations on all ten mobile operators6: (i) provide interconnection (access), (ii) grant collocation, (iii) grant equal access (non-discrimination) and (iv) submit access agreements to BNetzA (transparency). For the three mobile network operators7, it proposes the additional obligation to publish a reference offer.
3. NO COMMENTS
The Commission has examined the notification and has no comments.8
Under Article 32(9) of the Code, BNetzA may adopt the draft measure and, where it does so, shall communicate it to the Commission.
The Commission’s position on this particular notification is without prejudice to any position it may take on other notified draft measures.
Pursuant to Point 15 of Recommendation 2008/850/EC9 the Commission will publish this document on its website. If BNetzA considers that, in accordance with EU and national rules on business confidentiality, this document contains confidential information that you wish to have deleted prior to publication, please inform the Commission10 within three working days of receipt11. Please give reasons for any such request.
Yours sincerely,
For the Commission Roberto Viola Director-General
6 Three mobile network operators (Telekom Deutschland, Vodafone and Telefónica) and seven mobile virtual network operators (Sipgate, Truphone, Lycamobile, Voiceworks, TelcoVillage, argon and Multiconnect). 7 Telekom Deutschland, Vodafone and Telefónica 8 In accordance with Article 32(3) of the Code. 9 Commission Recommendation 2008/850/EC of 15 October 2008 on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, OJ L 301, 12.11.2008, p. 23. 10 By email: [email protected] 11 The Commission may inform the public of the result of its assessment before the end of this three-day period.
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