Borrador de Directiva CE relativa al suministro conjunto de TV y telecomunicaciones por cable
| Autor | Javier Ribas |
| Cargo del Autor | Abogado |
| Páginas | #8002 |
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof,
Whereas:
(1) Under Commission Directive 90/388/EC of 28 June 1990 on competition in the markets for telecommunications services (1) as amended by Directives 94/46/EC, (2) 95/51/EC, (3) 96/2/EC (4) and 96/19/EC (5) the Member States are required to progressively lift all special and exclusive rights for telecommunications services and infrastructures by 1 January 1998, subject to additional transition periods for some Member States. In particular, Directive 95/51/EC required Member States "to abolish all restrictions on the supply of transmission capacity by cable tv networks and allow the use of cable networks for the provision of telecommunications services other than voice telephony", and "to ensure that interconnection of cable tv networks with the public telecommunications network is authorised for such purposes, in particular interconnection with leased lines, and that the restrictions on the direct interconnection of cable tv networks by cable tv operators are abolished."
(2) Commission Directive 95/51/EC addressed two problems concerning undertakings to which Member States have granted the right to establish both cable tv and telecommunications networks. Firstly, the Directive stated that these undertakings are in a situation whereby they have no incentive to attract users to the network best suited to the provision of the relevant service. It was pointed out that the introduction of fair competition will often require specific measures that take into account the specific circumstances of the relevant markets. At the time of the adoption of the Directive the Commission concluded that given the disparities between Member States the national authorities were best able to assess which measures are most appropriate, and in particular to judge whether a separation of these activities was indispensable. Secondly, the Commission concluded that a detailed control of cross-subsidies and accounting transparency are essential in the early stages of liberalisation of the telecommunications sector. Article 2 of Directive 95/51/EC therefore required Member States to ensure in particular that telecommunications organisations providing cable tv infrastructures keep separate financial accounts as concerns the provision of public telecommunications network and cable tv network as well as their activities as telecommunications service providers. Recital 18 of Directive 95/51/EC stated that while Member States should at least impose a clear separation of financial records between two activities, full structural separation was preferable.
(3) At the same time the Commission stated that in the absence of the emergence of competing home-delivery systems it would have to reconsider whether a separation of accounts is sufficient to avoid improper practices and will assess whether such joint provision does not result in a limitation of the potential supply of transmission capacity at the expense of the service providers in the...
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