The move could pave the way for a revolution in the way radio spectrum is allocated in the Union.
The main ideas in the review being formally adopted Tuesday by the European Commission have been known for some time and have split the telecoms industry down the middle: incumbent operators are generally hostile to the changes while their competitors are broadly supportive.
Efforts to open markets that used to be dominated by one national phone monopoly in each country began in earnest in 1998. A raft of laws has been passed since then, designed to remove obstacles to competition and to bring down barriers between countries.
But they don't go far enough, European Telecoms Commissioner Viviane Reding is expected to say Tuesday as she unveils her long-awaited telecoms review.
Many former public monopolies continue to dominate crucial growing markets, such as broadband Internet access, through the control they exert over their telecoms infrastructure.
Reding wants to be able to threaten these incumbents with forced functional separation of their services and network operations if they fail to allow rivals fair access to their grids.
Incumbents argue that functional separation will have unintended negative effects. "Although its aim is to promote competition, the mandatory functional separation remedy may result in recreating a de facto monopoly and discourage risky investments in new access networks," said ETNO, the European telecoms trade body most of whose members are former public monopolies.
Companies trying to compete with the incumbents argue that functional separation is essential for competition.
"The Commission’s decision regarding functional separation is a particularly critical one. Seventeen countries in Europe are lagging in broadband provision because they have little or no unbundling of the incumbent network. Europe could today have been a worldwide broadband leader if regulators had had the opportunity to use functional separation to support open markets," said ECTA, the European Competitive Telecommunications Association in a statement Monday.
An equally controversial measure in the review is expected to address the problem caused when different countries interpret E.U.-wide telecoms laws differently. Reding wants to create an E.U.-wide telecoms authority with oversight of the 27 national telecoms regulators, to ensure that they follow the same rules. Critics both in the industry and among the national regulators argue that the creation of a new E.U. telecoms agency will just create more unnecessary bureaucracy.
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