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BEREC REPORT ON IMPACT OF FIXED-MOBILE ... - berec - Europa

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BoR (11) 54<br />

access than on fixed broadband access. If mobile and fixed broadband access were<br />

close substitutes, they would be expected to show similar traffic patterns.<br />

A first analysis of the parameters that may influence the trend toward FMS, based on<br />

the available data, is developed in Annex 2.<br />

5. FMS & MARKET DEFINITI<strong>ON</strong> BY NRAs<br />

5.1. Practice and conclusions<br />

The previous section noted that there are indications of FMS in some services for some<br />

European countries. The existence of FMS leads us to question if fixed and mobile<br />

services might “belong” to the same market. This section looks at how NRAs have<br />

analysed the possibility of fixed and mobile services belonging to the same market. It<br />

also aims to identify the sources used to gather the necessary information to perform<br />

the substitution analysis.<br />

As mentioned in the introduction, <strong>BEREC</strong> circulated a questionnaire to NRAs to gather<br />

information on the issue of FMS in market definition. The evidence and conclusions<br />

presented in this section are based on the responses to this questionnaire 30 .<br />

The majority of the NRAs have already assessed whether a particular fixed and mobile<br />

service was in the same market for voice and/or broadband. 88% of the NRAs that<br />

perform market analysis have already analysed the possible integration of mobile and<br />

fixed services in the same market at least once (either in retail or wholesale markets) 31 .<br />

NRAs have analysed the possible integration of fixed and mobile services both in<br />

retail and wholesale markets. The results of the questionnaire showed that 21 of the<br />

22 NRAs who analysed whether fixed and mobile are in the same market have done so<br />

in retail markets, while 17 of the 22 NRAs did so in wholesale markets. Some of the<br />

NRAs noted that the wholesale market analysis was a consequence of the existence of<br />

FMS at the retail level constraining the wholesale level, rather than as a consequence<br />

of direct substitution at the wholesale level 32 .<br />

The results show that NRAs questioned the possible integration of fixed and mobile<br />

services, both at the retail and wholesale level, in the following areas: access to<br />

telephone networks, voice and internet access related services 33 .<br />

30 Namely on sections 1 (questions 1 to 5), 2 and 3 of the questionnaire.<br />

31 As mentioned in the Introduction 26 NRAs answered to the questionnaire.<br />

32 <strong>BEREC</strong> has already dealt with this issue in its Report on self-supply – BoR (10) 09: “A company providing inputs at the<br />

wholesale level may be constrained “directly” at that level by other companies that are operating at the same level.<br />

Alternatively, that company may be indirectly constrained by the “customers of their competitors” i.e. that company may<br />

be indirectly constrained by competition that exists on the retail level”.<br />

33 The answers received were grouped considering the services.<br />

23

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