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Resolving
Disputes
By Tom Kiedrowski, Regulatory Affairs Manager, ECTA
In any country or region that opens its electronic
communications markets to competition, effective
dispute resolution is a vital mechanism to promoting
fair competition between service providers, old
and new. In particular, appealing the decisions
of a regulator can significantly impact on the effectiveness
of the regulatory regime and the economy as a whole.
Experience within the EU shows that in certain countries,
incumbent operators tend to appeal many, if not
all, the decisions made against them by regulators.
In some jurisdictions the appeals process can last
for up to five years. The effect of these appeals,
or the possibility of suspending decisions through
a Court Injunction, provides a hurdle to alternative,
competitive providers investing and offering new
services.
Back in January 2004, the European Regulators’
Group (ERG) held a public hearing in Brussels on
the draft ERG/Independent Regulators’ Group
(IRG) work programme for 2004. ECTA took the opportunity
of this hearing to invite the ERG to review national
appeal procedures in order to identify best practice.
ECTA is therefore delighted that an IRG working
group is now preparing a comparative report on national
appeal procedures related to regulatory decisions.
In particular, the report will examine appeal procedures
in terms of duration and quantity. The deadline
for the report is December 2004. |
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