Doing Business in the Netherlands 2012 - American Chamber of ...

12 Telecommunications
12.1 Market Situation
Doing Business in the Netherlands 2012
The Dutch telecommunications sector has been fully liberalized since
1 July 1997.
Various operators are active in all sectors of the electronic
communications industry.
12.2 Basic Legislation and Regulatory Authorities
On 19 May 2004, the current Dutch Telecommunications Act
(Telecommunicatiewet or TW) took effect, replacing the TW of 19
November 1998 and implementing the 2002 EU Directives on
electronic communications. Like its predecessor, the TW is a
framework act, many details of which are further specified in
secondary legislation (e.g., government and ministerial decrees).
The principal aim of the new TW is to encourage effective
competition. It is designed to work more in line with the general
competition law. The new TW is also more technologically neutral
compared to the 1998 TW. Over time, European legislation has
increased the importance of end-user protection in the TW as well.
The independent regulatory authority (OPTA) remains responsible for
the general supervision of parties operating in the telecommunications
market, for the management of numbering and for the registration of
providers, and has significant jurisdiction with respect to the
resolution of interconnection disputes.
The Dutch Competition Authority (NMa), an affiliate of the Ministry
of Economic Affairs, is empowered to monitor the electronic
communications sector for anticompetitive activities and
concentrations. OPTA and NMa cooperate in those fields where their
competencies overlap.
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