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Judgement of 24 September 2014 of the Brussels Court of Appeal on the appeals against the Decision of the Council of 29 June 2010 regarding the market definition, the competitiveness analysis, the identification of SMP operators and the determination of appropriate obligations for market 7 - Voice call termination

This decision aims at monitoring the compliance with the rules regarding the calculations of the tariff increases for bpost's individual full tariffs for 2015. Full tariffs are tariffs for products destined for private users (or business users who would not benefit from discount rates for the deposit of bulk products). Full tariffs do not vary according to the volume deposited or the preparation of postal items. This monitoring takes place by virtue of Article 144ter of the Act of 21 March 1991 on the reform of certain economic public companies (hereafter "the Act of 21 March 1991) as well as Articles 29, 31 and 32 of the Royal Decree of 11 January 2006 implementing Title IV (Reform of the Postal Authorities) of the Act of 21 March 1991 on the reform of certain economic public companies (hereafter "the RD of 11 January 2006"). Following analysis it appears that the increases of full tariffs, suggested by bpost for the year 2015, comply with Article 144ter, § 1, 1°, 2°, 3° and 4° of the Act of 21 March 1991. BIPT therefore does not see any reason to reject the request for a tariff increase, lodged by bpost on 29 August 2014.

The presentdecision is set within the framework of Article 7, § 2, subsection four, of the Annex to the Act of 13 June 2005 on electronic communications. The goal of the present decision is twofold: the definition of the cases in which the fix times for defects on the access lines are not taken into account for the monitoring of the compliance with the quality requirements as mentioned in Article 7, § 2, of the annex to the ECA, as this regards cases the provider has no control over and that cannot be attributed to an error on his behalf; the definition of the terms and conditions for communication and approval of the causes justifying his non-compliance with his obligations as stated by the universal service provider.

BIPT launched an inspection campaign among a number of telecom operators regarding compliance with important consumer protection rules in the general terms and conditions of sale and other contractual documents.

In this communication you will find the results of the checks made by BIPT in the course of 2013 and 2014 with regard to the indication of access to emergency services, contract annulment, compensations and default interests in the operators' general conditions. Following these checks all operators have adapted their general conditions.

On 26 November 2012, 12 June 2013 and 27 August 2013, Belgacom proposed several amendments to the reference offers WBA VDSL2 and BROBA Ethernet in order to rectify and complete them regarding the technical limitations observed in the context of the Dedicated VLAN option. In accordance with Article 59, §6, of the Act of 13 June 2005 on electronic communications, BIPT considers in a draft decision to oblige Belgacom to adapt its proposals amending the above-mentioned reference offers. BIPT submits this draft decision to the sector for consultation, in accordance with Articles 139 and 140 of the Act of 13 June 2005 on electronic communications.

Results of the 2014 inquiry about the users’ perception of the Belgian electronic communications market

Data collected from the end of March to mid-June 2014.

Decision to deregulate the retail prices of fixed telephony