The ONP-review from a Dutch perspective:
a critical analysis of the relationship between regulatory regimes and developments in a
liberalised market

Jaap Hoogenboezem, Harry Bouman, Delft University, The Netherland
contact: harry@sepa.tudeft.nl

The ONP-directives defined guidelines for telecommunications regulation in Europe in the field of telecommunications. These directives are under review. Questions are addressed regarding
the effectiveness of the ONP instrument,
ideas on the choice between sector-specific legislation and general competition law as an instrument to regulate telecom sectors (particularly in view of their convergence with other sectors), and
ideas on a "dual-speed" ONP framework for Europe that is less restrictive for technically more advanced countries.
This paper will discuss the initial principles underneath ONP directives, the gradually changing focus of the ONP directives, and the degree to which these principles and directives are still applicable to a liberalised and converging telecommunications market, such as the Netherlands. Special emphasis will be put on interconnection issues, special access and end-user markets.

Although harmonisation was one of the guiding principles of ONP, market developments in national markets are diverging. This divergence occurs to such a degree that the question can be posed if there shouldn’t be regulation with regard to telecommunications within Europe that deals with different speeds. Is it desirable to have ONP directives that take into account the differences between fast liberalising countries like UK, Sweden, Finland and the Netherlands on the one hand, and slow followers on the other?