09 January 2018
| Natalie Bannerman
UKE, the Polish regulator, has closed the consolidation procedure on its draft proposals for the regulation of broadcasting services and television wholesale markets in Poland.
Included in the final consolidation
procedure document are comments from the European Commission
(EC) which was notified back in November alongside Berec (Body
of European Regulators for Electronic Communications) and other
national regulators, of the draft proposal and called on to
In particular, the new proposals would impose obligations on
the Polish operator Emitel which holds significant market power
on the national wholesale market for radio and TV broadcast
transmission services in the country.
Though the EC approved the UKE’s draft
proposition which includes addressing barriers such as market
access, market structure that prevents competition and
insufficient competition law, Roberto Viola, director general
on behalf of the EC offered two comments.
Firstly it said that entry into "transmission markets"
depends on the availability physical infrastructure such as
masts, poles and antennas. It goes on to say that the "UKE did
not consider it appropriate to define a separate relevant
market for access to (passive) infrastructure broadcasting,
such as towers and masts" and consequently "did not evaluate
the conditions of competition in relation to the upstream
market". Additionally, it says that in order to compete with
incumbent operator Emitel "alternative service providers must
have access to certain elements of Emitel infrastructure
(masts, towers and antennas), which - due to specific
geographic location cannot be replicated by alternative
Its second comment is in relation to pricing. According to
the EC, the UKE "does not specify any specific cost calculation
that should be used when calculating prices, but leaves it to
the incumbent operator and UKE to verify these price
calculations." This method "affects transparency" for
alternative operators and other players in the market, "which
make it difficult for their long-term investment plans".
In related news, T-Mobile Poland recently announced its plan
to enter into the fixed market. The company signed a letter of
intent (LoI) with Orange Poland for access to its wholesale
broadband network. The two are also said to be in discussion
about access to fibre infrastructure for
T-Mobile’s clients in multi-family houses.
Under the agreement T-Mobile are to pay Orange an upfront
fee covering access to multi-family houses with B2C, a
broadband monthly fee per each active customer and an
installation fee per connection of each broadband line.
Negotiations are due to close 30 June 2018.
Also in the region, Netia, the Polish fixed network
operator, appointed Marcin Chlopecki as its new director of
wholesale in December. Chlopecki will report directly to Tomasz
Kolodziejczyk, director of the B2B division. And enters the
role after working for Orange Poland 1996, after which he also
worked at CRM provider Enxoo.