The new draft of the EC Commission recommendation on access to next-generation networks in electronic communication

Working paper

The EU Commission has long been committed to the issue of NGN (Next Generation Networks) and, in June 2009, launched a second public consultation on the subject. In particular, broadband is seen as a key objective of the Community for the future development of the European economy and, since its implementation requires substantial investment, a European policy that promotes the development of the sector is needed. The regulation of the subject will have to comply with the general rules of the regulation of electronic communications and follow market analysis. Regulatory action will normally be paid for by companies with significant market power, but under certain conditions, obligations may be imposed on companies operating in the sector. Regulatory choices should be preceded by appropriate public consultation of all stakeholders. The Author reflects on the effects of the internal debate on the consultations initiated by the Commission and on the consequent evolution of the Commission's positions. In conclusion, Libertini wonders what the value to be given to the Commission's direction, in the context of the broader problem of public intervention in order to facilitate the implementation of NGN.