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Date:      Thu, 09 Aug 2001 08:16:10 -0600
From:      Brett Glass <brett@lariat.org>
To:        j mckitrick <jcm@FreeBSD-uk.eu.org>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Why anti-trust law?
Message-ID:  <4.3.2.7.2.20010809081533.046e1930@localhost>

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>From: "Janos Gereben" <janos451@earthlink.net>
>Subject: European locals thrown for a  loop
>Date: Wed, 8 Aug 2001 14:47:44 -0700
>MIME-Version: 1.0
>
>      EU prepares to take action on local loop fiasco
>      Dawn Hayes - www.the451.com
>
>      London - The European Commission's competition directorate is
>preparing to take legal action against member states that have failed
>to inject sufficient competition into dominant phone companies' local
>loop networks. Topping that list is the UK, where British Telecom has
>stalled competitors' plans to provide DSL service by hindering their
>access to its local exchanges, along with charging them high prices
>and claiming it has encountered technical hitches.
>
>      The lion's share of the 40 to 50 contenders that planned to
>compete in providing DSL services in the UK have either dropped out,
>like WorldCom, or gone bust, like OnCue Communications did last month.
>Of the handful that remain - Colt, Easynet, Energis and wholesale
>operator Bulldog - at least one is drawing up plans to take the issue
>to the European Commission, since the UK telecom regulator Oftel has
>failed to resolve the problem. In the meantime, BT's wholesale DSL
>charges are crippling companies like Video Networks, which buys DSL
>capacity to provide video-on-demand services to residential customers.
>
>      But the UK is by no means the only offender. According to the
>European Competitive Telecommunications Association, incumbent phone
>companies in Austria, Belgium, France, Germany, Ireland, Italy,
>Portugal, Spain and Sweden still retain control of almost all DSL
>lines in their domestic markets, as incumbents seek to get first-mover
>advantage over competitors. Denmark, Norway and Finland, and to some
>extent the Netherlands, have made progress in giving competitors
>access to incumbents' local exchanges.
>
>      That process is crucial for competitors, which need to colocate
>their equipment in order to provide alternative services to customers.
>DSL technology, which divides existing copper wires into high and low
>frequencies so that they can carry data, voice and video, is expected
>to be an important step toward creating a more efficient EU economy -
>as well as new services for residential customers. BT claims to have
>installed about 70,000 DSL lines, but its competitors claim the real
>figure is 169 lines.
>
>      Although Oftel is being criticized for doing too little, too
>late, the regulator is expected to rule this month that BT must reduce
>the £6.17 ($8.64) per-month fee it had proposed to charge competitors
>for shared DSL line access. Bulldog, the sole company that plans to
>provide wholesale DSL services to residential customers in the UK, has
>lobbied Oftel to cut that price by 70%. According to Vincent
>Pickering, general counsel for Bulldog, BT's charges are the result of
>BT's own inefficiency.
>
>      BT's prices for shared-line access are the highest in Europe, a
>reversal of the situation only five or six years ago when the UK led
>the charge on telecommunications deregulation and lower prices.
>Wednesday was the closing day for comments to Oftel on the subject,
>and a decision on pricing from Oftel is expected to come as soon as
>next week.
>
>      The European Commission does not have jurisdiction over prices
>set by dominant carriers in individual EU member states, but where
>government agencies fail to implement EU legislation, its council of
>ministers can call for the European Parliament to force member states
>to comply with a law introduced on January 1 that mandates competition
>in the local loop.
>
>      The Commission has used its teeth before, notably in a landmark
>case in the early 1990s when it took the French government to court
>over its refusal to implement a directive that mandated competition in
>the sale of telecom terminal equipment. The European Commission won.
>Officials from the Commission's telecom directorate, DG13, and its
>competition directorate, DG4, have indicated they are prepared to take
>action.
>
>      In the UK, a move by EC authorities may be overtaken by
>commercial imperatives if reports that Babcock & Brown is seeking to
>buy BT's local network and that German bank WestLB is planning to buy
>its entire network infrastructure are correct.


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