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Dispute resolution under the new EU Directives
Dispute resolution under the new EU Directives:
BT’s comments (dated 20/12/2002) on the consultation document published by Oftel and the Radiocommunications Agency
Download full response in PDF format.
Introduction
Dispute resolution under the new EU Directives:
BT’s comments on the consultation document published by Oftel and the Radiocommunications Agency
1. Introduction
1.1 The new EU Directives will introduce a significant change to the regulatory framework for the resolution of disputes between undertakings. The current Interconnection Directive requires NRAs simply to "take steps" to resolve a dispute within six months of a request from one of the parties. The new Framework Directive places a far more onerous duty on NRAs to "issue a binding decision to resolve [a] dispute in the shortest possible time frame and in any case within four months" except in exceptional circumstances or where Alternative Dispute Resolution (ADR) is considered more appropriate.
1.2 The new framework, therefore, entails not only a reduction in the dispute resolution timescale from six to four months, but also a material increase in what the NRA must accomplish within the timescale. BT agrees with Oftel and the Radiocommunications Agency that successful implementation of these requirements calls for radical change to regulatory processes and to the behaviours of parties to disputes. We support the broad approach taken in the consultation document, but believe that the proposed arrangements would benefit from fine-tuning and clarification in certain areas.
1.3 Our main comments, set out in section 2 below, follow the structure of the table in Figure 1, which summarises the changes involved in the transition to the new framework. Section 3 gives additional comments on the proposals in the consultation document, and section 4 contains BT’s answers to the questions posed.
1.4 As the new procedures will be introduced from April 2003, the comments below refer to the regulatory authority as "Oftel". They are, of course, equally intended to apply to OFCOM following the coming into force of the Communications Bill.
BT welcomes comments on this submission which should be sent by e-mail to:
Mike Fox
