A. Legal Framework

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Greece is following the EU legal framework implementing the Legal Telecommunications Framework consisted of the Directives 19, 20, 21, 22, 58 and 77 of 2002, Directive 24/2006 (amending D. 58/2002) and Regulation (EC) 1211/2009. The Implementation of the Directive 2009/140/EC was transposed with the new Law 4070/2012 ("Provisions for Electronic Communications, Transport, Public Works and other provisions"). The above framework has been transferred basically through Law 3431/2006 which was succeded by the Law 4070/2012. With the new Law 4070/2012 Greece integrated the whole telecommunications framework of the EU (Regulatory Framework).

I. Law 4070/2012

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Telecommunications in Greece is a market sector supervised mainly by an independent regulatory authority, the E.E.T.T. ( Hellenic Telecommunications and Post Commission). The new law 4070/2012 attempts to stretch, mainly through an empowered NRA, the limits of a market with visible signs of fatigue, suffering the effects of the economic crisis and of a wasteful competition between the fixed alternative providers.  

II. Further legislation regarding specific issues

1. Legal Loop Unbundling

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Local Loop Unbundling is regulated by Regulation No 2887/2000 of the European Parliament and of the European Council and Law 4070/2012 that provides for the obligation of Telecommunications Operators with Significant Market Power to provide Fully Unbundled Access to the Local Loop to new entrant enterprises in this particular field of activity, under the same terms, with the same quality and at the same deadlines as those applicable to the provision of the same facility to enterprises which are already associated to them, without discriminations and at a price that corresponds to the actual cost.  

2. Interconnection and Leased Lines

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All existing operators in Greece with a significant market power in their outbound traffic are obliged to offer interconnection to any other operator demands so. The incumbent operator as well with the three mobile operators is required to have also reference offers approved by the EETT. OTE (the incumbent operator) is heavily regulated also on the leased lines rental both in circuits and half circuits.

B. Supervision of the Greek telecommunication market

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EETT is the National Regulatory Authority, which supervises and regulates the telecommunications as well as the postal services market. EETT's institutional purpose is to promote the development of the two sectors, to ensure the proper operation of the relevant market in the context of sound competition and to provide for the protection of the interests of the end-users. EETT is an independent self- funded decision-making body and is situated in Athens.



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Established in 1992 by Act 2075 under the name The National Telecommunications Commission (EET), EET actually commenced its operation in summer 1995. It was primarily responsible for the supervision of the liberalized telecommunications market. Moreover, since the adoption of Act 2668/98, which provides for the organization and operation of the postal services sector, EET was entrusted with the supervision and regulation of the postal services market and was renamed as Hellenic Telecommunications and Post Commission (EETT). EETT's supervising and regulatory role was further enforced by Act 2867/2000.

I. Structure of EETT

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EETT is governed by the Plenary which consists of nine members, including the President and two Vice Presidents responsible for the sectors of Electronic Communications and Postal Services respectively. According to Law 3371/05, the President and the Vice Presidents are appointed by the Council of Ministers, upon proposal by the Minister of Transport and Communications following the opinion of the Special Permanent Committee on Institutions and Transparency of the Parliament. EETT's other six members are appointed by the Minister of Transport and Communications.

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EETT members are persons of high status, who enjoy wide social approval and are distinguished for their scientific expertise and professional ability in the technical, economic or legal field. EETT members enjoy absolute personal and operational independence during the performance of their duties. 

As of 2-9-2009 EETT's Plenary consists of:

President (Leonidas Kanellos),

Vice President for the sector of Electronic Communications,

Vice President for the sector of Postal Services and

6 Members.

II. Responsibilities of EETT

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EETT, among its various duties:

  • Regulates issues related to: a) the definition of the relevant markets, products or electronic communications services, b) the assignment and obligations of operators with significant market power to the above mentioned markets in accordance with national and Community legislation,
  • Supervises and controls the operators of electronic communications networks/services, imposes the relevant penalties, and  also holds and manages the register of Electronic Communications Networks and services operators,
  • Issues Codes of Practice for the provision of electronic communications networks and services,
  • Supervises the application of the electronic communications legislation, applies Law 703/1977 as it stands and proceeds to the imposition of relevant penalties,
  • Keeps a strong collaboration with the National Regulatory Authorities of all EU Member States and third countries, in addition to EU community and international officials in the area of  its competence,
  • Regulates all issues regarding General Licenses,
  • Manages the National Numbering Plan,
  • Regulates issues with respect to number portability, carrier selection or/and preselection and supervises the application of the relevant provisions,
  • Grants the rights of use for radio frequencies or/ and numbers,
  • Regulates issues regarding domain names in the “.gr” area when being responsible for the “.eu” domain names,
  • Regulates electronic signatures issues,
  • Regulates all issues of ‘Access’ and ‘Interconnection’,
  • Exercises its tasks on ‘Universal Service’ issues,
  • Regulates issues of consumer protection both in the electronic communications and the postal services sector,
  • Regulates and supervises the postal services market
  • Manages the commercial radio frequencies, with the exception of radio and TV spectrum.

 

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In this frame:

  • EETT defines the cases where rights of frequency use are required,
  • Assigns rights of use for radio frequencies
  • Defines the fees for radio frequency use,
  • Supervises and controls the use of spectrum by imposing relevant penalties,
  • Holds the National Registry of Radiofrequencies,
  • Grants licenses for the antennas mast constructions.

 

C. Exercise of powers of the Framework Directive 2002/21/EC

 

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According to the Framework Directive 2002/21/EC as this was amended by the Directive 2009/140/EC (hereafter FD), the powers exercised by the National Regulatory Authority (NRA) of each Member State should fulfill the following aims and policy objectives:

  • According to art. 3 par. 1 and 3 a), b) and c) of the FD, the NRA should a) be legally district and functionally independent of all organisations providing electronic communications networks, services and equipment, b) act independently and impartially and shall not seek or take instructions from any other body, c) have separate annual budgets, d) coordinate with BEREC and support its goals and e) take utmost account BEREC’s positions when adopting its own decisions.
  • According to art. 8 par.2, 3 and 4 of the FD, each NRA should a) promote competition in the provision of electronics communications, networks, services and associated facilities, b) contribute to the development of the internal market and c) provide and safeguard the interests of the citizens of the European Union.
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The responsibilities of the Greek Regulatory Authority (EETT) are set out as mentioned above in Law 4070/2012. Concerning the objectives determined in Art. 3 para. 1 and 3 a), b) and c) of the FD, the Greek Law 4070/2012 in Art. 6 para. 2 provides that the EETT is an administratively and financially independent authority, which acts impartially and does not seek or take any instructions from another body concerning the execution of its competencies. Art. 11 para. 6 of the same Law ensures that EETT when adopting its own decisions takes utmost account the opinions and the common places issued by BEREC and Art. 12 paar. ia) as well as art. 16 safeguard EETT’s cooperation with BEREC for the reinforcement of its goals.

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As for the promotion of competition set out in Art. 8 para. 2 of the FD, Law 4070/2012 requires that EETT should take regulatory measures and impose obligations to the undertakings with significant market power in order the restriction of competition to be avoided (Art. 44 and 52 Law 4070/2012). Art. 21 and 22 Law 4070/2012 include EETT’s competences in order to promote  the effective use and ensure the substantive management of radio frequencies and the assignment of national numbering, naming and addressing, pursuant to the targets set by the FD in Art. 8 para. 2. Furthermore, Art. 65-73 Law 4070/2012 contain all the measures ensuring that maximum benefits are derived to end-users, specifically by defining the right of the users along with the obligations of the providers of public communications services.

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Art. 16 of Law 4070/2012 indicates the relationship between EETT and the European Commission, the NRAs of other Member States and the BEREC for the development of the internal market. Specifically EETT cooperates with the Commission and the BEREC in order to determine the suitable regulatory measures according to the market conditions. Upon reasoned request, EETT provides to the other NRAs, the Commission and every other national authority of the Member States, information about any subject within its competence. EETT also communicates to the Commission all the relevant facts about the operators that possess significant market power, the obligations imposed to them, the definition of the specific product and service market, the definition of the geographical market, the rights attributed to the users of the universal service and other relevant facts concerning the conditions of competition and the description of the market structure, the access and the interconnection as well as the provision of  the infrastructure and pay TV services. Therefore, the development of the internal market is enforced by guaranteeing the consistent application of the European Regulatory framework in all Member States.   

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Art. 46-48 Law 4070/2012 are oriented towards the same goal by creating a level-playing-field for the national and European undertakings wishing to provide electronic communications services in Greece. The main objective of this article is to remove the obstacles related to the provision of electronic communications networks in the national level.

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Concerning the support of EU citizens’ interests, Law 4070/2012 defines specifically the necessary measures taken by the EETT aiming: to safeguard the integrity and security of public communications networks (Art. 28 and 37 Law 4070/2012), to determine the settlement of domestic and cross-border disputes and define arbitration conditions (Art. 34, 35 and 36 respectively), to introduce Universal Service (Art. 55-64 Law 4070/2012), to reassure the transparency of information, prices and terms by publishing in its website any information concerning prices, rights, terms, procedures and decisions as well as any other relevant facts contributing to the development of an open and competitive market (Art. 39 and 66 Law 4070/2012), to provide equivalent access to communications services for disabled users (Art. 67 Law 4070/2012).


D. Conclusion

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According to the above analysis, it shall be concluded that the Greek legislator has successfully managed to transpose into the national law the provisions of the FD setting out the powers attributed to a national regulatory authority in order the aims and objectives of this Directive to be achieved.

 

 


 

Publication Note

Responsible: Free University of Berlin represented by its President
Authors: Chrysoula Alexiou, Eleni Boskou, Haris Delimargas, Konstantinos Flegkas, Katerina Sideromenou
Stage of work:


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