Dear colleagues,

We'd like to draw your attention to a number of ongoing consultations with the 
Body of European Regulators for Electronic Communications (BEREC).

BEREC's task is to further refine the implementation of European legislative 
instruments by issuing guidelines that support a consistent and harmonised 
approach across all member states. As with other institutions, BEREC's work has 
moved fully online, which makes consultations like this even more important as 
a way to liaise with stakeholders and receive feedback. 

The following consultations might be of interest:

- Guidelines on the criteria for a consistent application of article 61 (3) 
EECC (deadline 31 July)

Article 61 (3) of the European Electronic Communications Code has a number of 
provisions on sharing access infrastructure. In particular, this consultation 
addresses two key points. The first is about imposing obligations to share 
access infrastructure on entities which are not designated to have significant 
market power. The second involves sharing infrastructure beyond the first 
concentration or distribution point, to an interconnection point where the 
number of customers becomes more efficient and economically feasible.

https://berec.europa.eu/eng/news_consultations/ongoing_public_consultations/7341-public-consultation-on-draft-berec-guidelines-on-the-criteria-for-a-consistent-application-of-article-61-3-eecc

- Guidelines to foster the consistent application of the criteria for assessing 
co-investments in new very high capacity network elements (Article 76 EECC) 
(deadline 4 September)

We've already flagged the work on very high capacity networks in earlier 
emails. These particular guidelines lay out some specifications under which 
parties with significant market power (SMPs) may offer co-investment on new 
infrastructure and under which circumstances this would affect the obligations 
of the SMP under article 68 of the EECC. Our understanding is that, under 
certain conditions, such a co-owned infrastructure would not be subject to the 
regular obligations, such as infrastructure sharing and/or regulated tariffs, 
that would normally apply to SMPs.

In our assessment, this could impact smaller operators that rely on such 
sharing arrangements and obligations.

https://berec.europa.eu/eng/document_register/subject_matter/berec/public_consultations/9284-draft-berec-guidelines-to-foster-the-consistent-application-of-the-criteria-for-assessing-co-investments-in-new-very-high-capacity-network-elements-article-76-eecc

- Guide to the draft BEREC Guide to the BEREC 5G Radar and 5G Radar (deadline 4 
September)

This consultation is part of the ongoing work to get a better understanding of 
the regulatory issues that might emerge from the deployment of 5G. An important 
part of this is the timing and priority of these issues as they emerge and the 
timelines for BEREC and the national agencies to address them.

https://berec.europa.eu/eng/news_consultations/ongoing_public_consultations/7342-public-consultation-on-draft-berec-guide-to-the-berec-5g-radar-and-5g-radar
 

At this stage, we do not envision the RIPE NCC submitting a response to any of 
these consultations, but we know that some of you are active in these areas and 
may find it is useful to share your views with BEREC directly. These open 
consultations are an important part of BEREC's efforts to take stakeholders' 
opinions into account and we would encourage you to make use of this 
opportunity.

Regards,

Marco Hogewoning
(Interim) Manager Public Policy and Internet Governance
RIPE NCC








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