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DECISIONS

The aim of the universal service obligations is to guarantee that basic electronic communications services which are crucial to social and economic inclusion are available to end users on reasonable request and at an affordable price.

In 2020, the Authority conducted a review of the universal service obligations in order to evaluate if there were any changes which may affect the designations currently in place. As such, public consultation C05/20 was published on 10th July 2020, and this was followed by Decision C07/20 in September 2020 which designated Gibtelecom as Universal Service Provider for one year ending on 30th September 2021.

The Authority published public consultation C04/21 on 28th July 2021 and received comments from three respondents. This Decision Notice, therefore, incorporates the designation of a Universal Service Provider and revised Universal Service Obligations

The Gibraltar Regulatory Authority (the "GRA") is responsible for the regulation of the electronic communications sector in Gibraltar in accordance with Gibraltar and EU legislation.

On 27th August 2019, the GRA issued a public consultation entitled about the licensing of mobile/fixed communications networks in Gibraltar, including 5G mobile communications services. Interested parties were invited to comment on 6 specific questions and provided them with the opportunity to raise any general comments. By the close of the consultation period, the GRA had received responses from 4 interested parties.

Having considered all views, the GRA sets out in this Response to Consultation and Decision Notice, its conclusions regarding the Consultation and the way forward in respect to the allocation of spectrum for Mobile/Fixed Communications Network services, including 5G.

On 7th July 2017, the Authority issued a national consultation on General Conditions (Public Consultation C04/17). The consultation period ended 7th August.

By the close of the consultation period, the Authority received detailed responses from the two operators below:

  • Gibtelecom
  • Gibfibrespeed

The Authority thanks the respondents for their submissions and proposes to amend some of the General Conditions as explained in Response to Public Consultation and Decision C07/17.

On 10th June 2015, the Authority issued a national consultation on wholesale call origination on the public telephone network provided at a fixed location and wholesale call termination on individual public telephone networks provided at a fixed location, (public consultation C02/15). The consultation period ended on 10th July 2015. After the consultation period and having considered the views of all respondents, the Authority set out in a Response to Consultation its conclusions regarding the market review process including its SMP obligations and subsequent notification to the European Commission (“the Commission”), BEREC and other NRA’s in accordance with Article 7 of the Framework Directive. On 17th September 2015, the Commission published its comments pursuant to Article 7(3) of the Framework Directive. The following document outlines the Authority’s decision with respect to the markets above.

On 17th June 2015, the Authority issued a national consultation on wholesale mobile call termination and wholesale SMS termination on individual mobile networks, (public consultation C03/15). The consultation period ended on 16th July 2015. After the consultation period and having considered the views of all respondents, the Authority set out in a Response to Consultation its conclusions regarding the market review process including its SMP obligations and subsequent notification to the European Commission (“the Commission”), BEREC and other NRA’s in accordance with Article 7 of the Framework Directive. The Commission later issued a request for information to which the Authority replied. On 23rd September 2015, the Commission published its comments pursuant to Article 7(3) of the Framework Directive. The following document outlines the Authority’s decision with respect to the markets above.

On 5th June 2014, the Authority issued a public consultation on accounting separation and cost accounting systems with reference to compliance under SMP obligations (Public Consultation No. 08/14). This consultation proposed incremental changes to Decision No. 01/11 (Reissued) with an aim to consolidate the decisions currently standing together with the new results into one document. Consequently the Authority issued Response to Consultation and Decision Document 13/14.

In this document, Response to Consultation and Decision No. 13/14 has now been further revised in order to provide further clarification and updated by the Authority and now incorporates all previous GRA documentation on accounting policy including Statement 07/08.

On 5th June 2014, the Authority issued a public consultation on accounting separation and cost accounting systems with reference to compliance under SMP obligations (Public Consultation No. 08/14).

Having considered the views of all respondents to the Public Consultation, this Response to Consultation sets out the Authority’s conclusions regarding compliance with accounting separation and cost accounting obligations by operators. It also incorporates the Decision Notice and consolidates the decisions currently in force with the new results into one document.

The Response to Consultation and Decision Notice shall be read in conjunction with all market reviews within which the following SMP obligations have been imposed:

Accounting Separation (including non-discrimination);

Cost Accounting;

Cost Orientation;

Retail Price Notification (including transparency).

The communications regulatory framework requires the Gibraltar Regulatory Authority (GRA or the Authority) to define relevant markets susceptible to ex-ante regulation, appropriate to national circumstances in accordance with the market definition procedure outlined in the Framework Directive. In addition, the Authority is required to conduct an analysis of the relevant markets to decide whether or not they are effectively competitive and, having identified competition problems, propose appropriate regulatory measures.

On 22nd January 2014, the Authority issued a national consultation on retail access to the public telephone network, retail local calls and retail international calls provided at a fixed location (Public Consultation No. 01/14).

After the consultation period and having considered the views of all respondents, the Authority set out in a Response to Consultation its conclusions regarding the market review process including its SMP obligations and subsequent notification to the European Commission ('the Commission'), BEREC and other NRA's in accordance with Article 7 of the Framework Directive. The Commission later issued a request for information to which the Authority replied.

The Commission issued its final comments regarding cases GI/2014/1593 to 1598.

This decision specifies the obligations to apply to SMP designated operators in the relevant markets.

On 26th April 2010, the Authority published "Public Consultation 03/10 - rice cap control compliance" in which it invited comments from all interested parties on questions relating to the compliance procedure with regard to price control obligations applicable to providers of electronic communications networks and services designated with significant market power (SMP).

The public consultation focused on the retail price controls imposed on Gibtelecom however, the Authority explained that the procedures proposed in the consultation would serve as a template for the enforcement of other similar SMP obligations, particularly SMP price control obligations.

By using the SMP retail price cap obligations imposed on Gibtelecom as an example, the Authority proposed a compliance procedure framework which provides guidance to all operators who now or in the future will be subject to any form of similar price controls. The public consultation, although more specific to Gibtelecom's retail price caps was non-confidential. However, the consultation included an additional annex (Annex B) which contained relevant confidential data applicable to Gibtelecom's case. As a requirement to protect commercial sensitivities Annex B was only available to Gibtelecom for comment. The Authority, in this Decision Notice will report on the responses to Annex B without compromising commercial sensitivities.

In Decision Notice 03/09, "SMP Obligations in relevant Retail Fixed Markets - Application of Rebalancing and a Price Cap control on Gibtelecom" , the Authority imposed three retail price caps on Gibtelecom which apply on an annual basis over the period from 1st May 2009 to 30th April 2012, a period of three years. This document builds upon what was established in the Decision Notice and explains any amendments and additions to the compliance process where necessary. All changes have taken into account operator resources and where possible have adhered to the principle of proportionality. Therefore every effort has been made to minimise the requirement of information provision.

Please note that this Decision Notice contains Annex A which shows the retail price cap compliance forms relevant to Gibtelecom only. Therefore only Gibtelecom will be provided with this Annex. All other interested parties will have this section omitted from their Decision Notice.

In public consultation 03/10 the Authority proposed the form in which SMP operators must submit price cap compliance information. The purpose of the consultation and this Decision Notice is to enhance transparency and increase legal certainty for market players.

The Authority received detailed submissions from one respondent listed below by the close of the consultation period.

The detailed responses to the consultation were provided by Gibtelecom

The Authority thanks all respondents for their submissions. Having considered the views of all respondents, the Authority sets out in this document its conclusions regarding the price control compliance procedure.

The communications regulatory framework requires the Gibraltar Regulatory Authority ("the Authority") to define relevant markets appropriate to national circumstances and to analyse these markets to ensure that regulation remains appropriate in the light of changing market conditions, otherwise known as market reviews.

On 10th April 2007, the Authority issued a national consultation on its market analysis for retail fixed markets (Public Consultation No. 01/07).

Having considered the views of all respondents to the Public Consultation ("the Consultation"), the Authority set out in a Statement (Document No. 13/07) its conclusions regarding the market analysis process including its Significant Market Power (SMP) obligations and subsequent notification to the European Commission and other NRAs in accordance with article 7 of the Framework Directive.

The Authority shall designate Gibtelecom as having SMP in the following retail fixed markets:

1.Access to the public telephone network at a fixed location for residential and non-residential customers in Gibraltar;

2.National publicly available telephony services from a fixed location market; and

3.International publicly available telephony services from a fixed location market (including managed VoIP services).

The communications regulatory framework requires the Gibraltar Regulatory Authority ("the Authority") to define relevant markets appropriate to national circumstances and to analyse these markets to ensure that regulation remains appropriate in the light of changing market conditions, otherwise known as market reviews.

On 10th April 2007, the Authority issued a national consultation on its market analysis for wholesale fixed markets (Public Consultation No. 02/07).

Having considered the views of all respondents to the Public Consultation ("the Consultation"), the Authority set out in a Statement (Document No. 14/07) its conclusions regarding the market analysis process including its Significant Market Power (SMP) obligations and subsequent notification to the European Commission and other NRAs in accordance with article 7 of the Framework Directive.

The Authority shall designate Gibtelecom as having SMP in the following wholesale fixed markets:

1.Call origination on the public telephone network at a fixed location in Gibraltar;

2.Call termination on individual public telephone networks provided at a fixed location in Gibraltar;

3.Wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location in Gibraltar;

4.Wholesale broadband access; and

5.Wholesale terminating segments of leased lines, irrespective of the technology used to provide leased or dedicated capacity.