The Polish telecom regulator, UKE, has to withdraw its draft measure for regulating retail broadband access services, judged incompatible with European competition rules. The European Commission announced a decision to that effect, on 15 January, after a thorough review of the explanations provided by UKE two months ago. So far, retail broadband access services have not been regulated in any other member state," noted Information Society Commissioner Viviane Reding, who pointed out that "regulation can only be imposed on the basis of correct market analysis". According to the Commission, UKE's analysis fails to justify its intention of regulating both broadband access services and retail narrowband access. Under normal conditions, regulation of the wholesale market is sufficient, according to the Commission.

Indeed, since the entry into force of the EU Telecoms Regulation in July 2003, national regulators are obliged to analyse competition on the 18 wholesale and retail markets placed under surveillance. Under the procedure defined in Article 7 of Directive 2002/21/EC, the Commission ensures that the measures proposed by the national regulatory authorities create no barriers to the Single Market and are compatible with Community law.

UKE's draft measure, notified on 13 and 14 October 2006, aimed to regulate access to the fixed public telephone...

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