text: Directive (EU) 2018/72

text: of the European Parliament and of the Council establishing the European Electronic Communications Code, OJ L 321/36 of 17 Dec. 2018 2 As set out in

text: Article 4(4) of Regulation (EU) 2018/1971

text: of the European Parliament and the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending

text: Regulation (EU) 2015/2120

text: and repealing

text: Regulation (EC) No 1211/2009

text: , OJ L 321/1 of 17 Dec. 2018 and Article 61(7) of the EECC.

text: Source: BEREC

text: Directive

text: of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services as amended most recently by Directive

text: of the European Parliament and of the Council of 25 November 2009.

text: Source: BEREC

text: Directive

text: of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility, OJ L 96/79 of 29 March 2008 5 Directive

text: of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive

text: , OJ L 153/62 of 22 May 2008

text: Commission Directive 2008/63/EC of 20 June 2008

text: on competition in the markets in TTE, OJ L 162/20 of 21 June 2008

text: Main Distribution Frame The definition of the NTP location does not prejudice whether a NRA designates the access obligation of an SMP operator to the segment of the local loop owned by the operator who is obliged to grant access.

text: Regulation (EU) 2015/2120

text: of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive

text: on universal service and users’ rights relating to electronic communications networks and services and

text: Regulation (EU) No 531/2012

text: on roaming on public mobile communications networks within the Union, OJ L 310/1 of 26 November 2015 10 BEREC Guidelines on the implementation by national regulators of European net neutrality rules, August 2016 (

text: BoR (16) 127

text: ) 11 Internet service provider

text: Directive (EU) 2015/1535

text: of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241/1 of 17 September 2015

text: In section 3, the term ‘network operator’ is used for the entity who provides the NTP to the end-user and to which the end-user connects his or her TTE.

text: Integrated Access Device i.e. equipment that combines modem and additional functionalities into one single device.

text: BEREC Guidelines on the implementation by national regulators of European net neutrality rules, August 2016 (

text: BoR (16) 127

text: ) 16 For equipment which is not provided by the network operator or which network operators allow end-users to replace it with own equipment, there is obviously no objective technological necessity to be part of the public network. 17 When applying these criteria, NRAs shall take into account that operators may provide end-user services based on wholesale access services (including open access) and that an objective technological necessity for equipment to be part of the public network may also arise from the wholesale level.

text: Network Address Translation 19 Different technologies are possible for implementing the modem functionality (e.g. standalone modem, integrated access device which only provides modem functionality and has switched of all other functionalities). 20 Depending on the functionality of the customer premises equipment point C may be at different locations (see annex case (6) locations C1 and C2). 21 In case the provision of a service uses a digital rights management (DRM) system also the interoperability of this DRM system needs to be ensured.

text: In case an end-user connects a TTE to the NTP which only harms the service the network operator provides to this end-user (not the service of other end-users), then it is not necessary that the network operator disconnects the TTE in order to protect its network. 23 Without integrated modem

text: Either standalone modems or modems which are integrated in other devices (e.g. router, media box).

text: An exception is reverse powering (e.g. ETSI TS 101 548) which may be used e.g. in case of the new access technology G.fast. In such case, equipment (e.g. G.fast distribution point unit) in the public network (not located at the customer premises) is powered by the electricity supply at the premises of the end-users. However, this does not imply, that the equipment at the customer premises which provides the power needs to be part of the public network. 26 without integrated modem 27 The network operator is also able to resolve such interoperability issues on its own, except in cases where the network operator needs to have contact with the end-user in order to be able e.g. to replace modem, router, media box etc. or repair or test them directly at the customer premises.

text: Notebook, printer, IoT devices like lamps, refrigerators 29 For an EU-wide overview of telecom security incidents see ENISA’s Annual Report Telecom Security Incidents (https://www.enisa.europa.eu/topics/incident-reporting)

text: Without integrated modem

text: Since they are part of the public network, filtering functions (e.g. firewall) of modem and router may be constricted by the provisions of Art. 3(3) of

text: Regulation (EU) 2015/2120

text: . 32 These measures ‘shall ensure a level of security appropriate to the risk presented’ and, in particular, measures ‘shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services’ (EECC, Art. 40).

text: The measures are in place and, therefore, if only to be active temporarily, can be activated at any time when necessary. However, this does not mean that temporary measures are activated permanently. 34 See Directive

text: (Art. 5(1)) 35 Potentially an even broader view of the end-users’ data can be accessed (e.g. by detecting other wireless devices) since the router is part of the public network. 36 Directive

text: of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L201/37 of 12 July 2002.

text: Secure / Multipurpose Internet Mail Extensions 38 In addition, the firewall functions may be constricted by the provisions of Art. 3(3) of

text: Regulation (EU) 2015/2120

text: Source: BEREC

text: Source: BEREC

text: The NRA assessment taking into account all criteria (section 3.3.1 to 3.3.6) has to be applied also in case of services based on both a fixed-line and a wireless connection (‘hybrid’ NTP). Depending on the outcome of this NRA assessment such services may be provided at one NTP (access to the network which already combines both types of connection) or two different NTPs (one NTP with access to the fixed network and one NTP with access to the mobile network). 40 The modem also includes a transmit and receive unit in order to communicate with the base station.

text: Source: BEREC

text: Source: BEREC

text: The router includes a transmit and receive unit in order to communicate with the base station.

title: BEREC Guidelines on Common Approaches to the Identification of the Network Termination Point in different Network Topologies

text: 5 March 2020 1 Introduction

text: 1. These BEREC Guidelines, designed in accordance with Article 61(7) of the European Electronic Communications Code (EECC), are intended to provide guidance to NRAs on common approaches to the identification of the network termination point (NTP) in different network topologies. NRAs shall take utmost account of these Guidelines when defining the location of NTPs . The Guidelines shall contribute to the harmonisation of defining the location of NTPs in the EU.

text: 2. NRAs may allow an appropriate transitional period in case their definition of the NTP location differs from where the NTP is currently implemented in networks.

text: 2 General aspects

text: 2.1 The term ‘NTP’ refers to network access for end-users

text: 3. The term ‘NTP’ refers to the point of access to the public network for end-users only.

text: 4. The term ‘NTP’ is defined in the EECC (Art. 2(9)) as: ‘'NTP' means the physical point at which an end-user is provided with access to a public communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific network address, which may be linked to an end-user's number or name.’ and the term ‘end-user’ (EECC Art. 2(14)) as: ‘‘end-user’ means a user not providing public communications networks or publicly available electronic communications services.’

text: 5. Therefore, the NTP is the physical point at which an end-user is provided with access to a public communications network and end-users, by definition, do not provide public communications networks or publicly available electronic communications services. 3

text: 6. Previously, according to the definition in the Framework Directive (Art. 2(da)) the term ‘NTP’ applied to access to the public network not only for end-users but also for network operators and service providers.

text: 2.2 The NTP represents a boundary

text: 7. According to the EECC (Recital (19), see Figure 1), the NTP represents a boundary, for regulatory purposes, between the regulatory framework for electronic communication networks and services on one side and the regulation of the telecommunications terminal equipment (TTE) on the other. Therefore, on one side of the NTP is the network operator’s domain which includes the public communications network and the equipment of the public network; On the other side of the NTP is the end-user’s domain which includes the end-user’s private network and TTE. Figure 1: Location of the NTP

text: 2.3 The NTP location has an impact on whether an equipment is part of the public network or part of the TTE

text: 8. Since the NTP represents a boundary as described in paragraph 7 above, the NTP location has an impact on whether a piece of equipment is part of the public network or part of the TTE. In the example in Figure 2, an internet access service - depending on the location of the NTP, the modem and router are either part of the public network (NTP location ‘C’) or part of the TTE (NTP location ‘A’) or in the case of NTP location ‘B’, the modem is part of the public network with the router being part of the TTE. 4 Figure 2: Different locations of the fixed NTP in case of an internet access service

text: 9. Further examples of the impact of the fixed NTP location on whether a piece of equipment is part of the public network or part of the TTE are shown in the annex.

text: 2.4 Characteristics of the NTP

text: 10. The characteristics of the NTP need to be defined and made publicly available (in the form of detailed interface specifications) in order to enable manufacturers of TTEs to produce compatible equipment to be connected to the NTP, and to enable end-users to connect their own TTE to the public network and use the communications services offered at the NTP.

text: 11. Network operators have to define the (technical) characteristics of the NTP at which they provide access to their networks and services; End-users’ TTEs have to comply with a. the essential requirements of the applicable directives transposed into national law 4 5 like Directive

text: and Directive

text: ; and b. with the characteristics of the NTP to which they are connected if they want to receive the services they expect from their contract with the network operator and/or service provider.

text: 12. According to Directive

text: , network operators have to define the characteristics of the NTP in sufficient detail to permit the design of TTEs to be capable of utilising all services provided through the NTP.

text: 13. Operators have the possibility to refer to published standards and, in cases where this is not sufficient or where proprietary equipment is used, to provide further details when 5 defining the characteristics of the NTP. Any requirement may therefore be taken into account.

text: 14. The characteristics of the NTP must be published according to Directive

text: and kept up to date in case of change or evolution of the public network.

text: 3 Location of the fixed NTP

text: 15. NRAs shall take into account the following criteria when defining the location of the fixed NTP: a. Conformity of the definition of the fixed NTP location with the legal provisions (section 3.1); b. Impact on TTE market (section 3.2); c. Assessment whether there is an objective technological necessity for equipment to be part of the public network (section 3.3); i. Interoperability between public network and telecommunications terminal equipment (TTE) (section 3.3.1); ii. Simplicity of the operation of the public network (section 3.3.2); iii. Network security (section 3.3.3); iv. Data protection (section 3.3.4); v. Local traffic (section 3.3.5), vi. Fixed-line services based on wireless technology (section 3.3.6);

text: 3.1 Conformity of the definition of the fixed NTP location with the legal provisions

text: 16. The definition of the fixed NTP location needs to be conform with the legal provisions at EU and national level as long as the national legal provisions comply with EU law, in particular with the legal provisions presented in this section.

text: 3.1.1 Access regulation in the EECC

text: 17. The immediate context of the Guidelines in the EECC (Art. 61 (7)) is regulation of access and interconnection. From this follows that the competition issues, especially the bottleneck conditions in the access to networks, affect the methods to be used when defining the NTP location and interpreting the legal provisions that refer to the NTP.

text: 18. Access regulation aims at overcoming specific obstacles to competition which cannot be addressed sufficiently by general competition law. Part of access regulation is the principle of unbundling which states that an access seeker does not need to access the infrastructure of the network concerned that he can deploy of his own, and the operator subject to access regulation need not grant access to such infrastructure. From this 6 follows that equipment like modem, router, media box are only part of the accessed infrastructure if there is an objective technological necessity.

text: 3.1.2 Definition of the term ‘NTP’ in the EECC

text: 19. The term ‘NTP’ is defined in the EECC (Art. 2(9)) and included here again as follows: ‘'NTP' means the physical point at which an end-user is provided with access to a public electronic communications network, and which, in the case of networks involving switching or routing, is identified by means of a specific network address and may be linked to an end-user's number or name.’

text: 20. This definition of the term ‘NTP’ also includes information relevant for the NTP location. However, it does not define explicitly, e.g. whether modem and router, in the case of an internet access service, are part of the public network or part of the TTE.

text: 21. BEREC understands the words ‘by means of’ in this definition such that it is not necessary for the specific network address to be implemented in the NTP itself. Therefore it is also possible to implement the network address at the beginning of the local loop at the MDF location (e.g. in case of POTS) or even after the NTP in an enduser equipment at customer premises (e.g. a dynamically allocated public or static fixed IP address).

text: 22. BEREC understands this definition of the NTP such that in access networks (at least partly) without involving switching and routing, e.g. access networks based on a shared medium (e.g. passive optical networks, coax based access networks), the network is not able to establish a clear link between a network address and a defined physical point at the customer premises.

text: 3.1.3 Definition of the term ‘local loop’ in the EECC

text: 23. The term ‘local loop’ is defined in the EECC (Art. 2(30)) as follows: ‘‘Local loop’ means the physical path used by electronic communications signals connecting the NTP to a distribution frame or equivalent facility in the fixed public electronic communications network.’

text: 24. The definition of the fixed NTP location, therefore, has an impact on whether a piece of equipment at the customer premises is part of the local loop. For example in the case of an internet access service, if modem and router are part of the public network both devices also form part of the local loop, if they are TTE they do not form part of the local loop. 7

text: 25. This also has an impact on the infrastructure the access seeker has to rent from the network accessed (see paragraphs 17 and 18), which affects the prices for access, and whether the access seeker has to use infrastructure like modem and router of the access provider.

text: Regulation (EU) 2015/2120

text: Regulation (EU) 2015/2120

text: states with regard to internet access services in

text: Article 3(1)

text: the following: ‘End-users shall have the right to access and distribute information and content, use and provide applications and services, and use terminal equipment of their choice, irrespective of the end-user’s or provider’s location or the location, origin or destination of the information, content, application or service, via their internet access service.’

text: 27. Therefore, in the case of an internet access service, end-users have the (legal) right to use the TTE of their choice. The TTE is the equipment which is (directly or indirectly) connected to the NTP according to the definition of the term ‘terminal equipment’ in Directive

text: (Art. 1(1)) and to the definition of the NTP as a boundary in the EECC (Recital (19), see section 2.2).

text: 28. The 2016 BEREC Guidelines on net neutrality rules (paragraphs 26 and 27) provide the following guidance for NRAs on the implementation of the obligations of

text: Article 3(1) of Regulation (EU) 2015/2120

text: : ‘In considering whether end-users may use the terminal equipment of their choice, NRAs should assess whether an ISP provides equipment for its subscribers and restricts the end-users’ ability to replace that equipment with their own equipment, i.e. whether it provides ‘obligatory equipment’. Moreover, NRAs should consider whether there is an objective technological necessity for the obligatory equipment to be considered as part of the ISP network. If there is not, and if the choice of terminal equipment is limited, the practice would be in conflict with the Regulation.’

text: 29. Therefore, in case of an internet access service, NRAs should consider whether there is an objective technological necessity for equipment which the end-users are not able to replace with own equipment to be considered as part of the public network when defining the fixed NTP location (see section 3.2). 8

text: 30. This shows that, at least for internet access services, the principle that the infrastructure encompassed by the public network must follow from an objective technological necessity also from the perspective of the end-user and not only from that of the access seeker (see paragraphs 17 and 18).

text: 3.1.5 Directive

text: 31. The Directive

text: aims at establishing competition in the markets in TTE. It therefore requests that Member States withdraw exclusive rights and ‘ensure that economic operators have the right to import, market, connect, bring into service and maintain terminal equipment’ (

text: Article 3

text: 32. In order to enable this, the characteristics of the NTP have to be published (Art. 4, Recital 10) as well as all technical specifications for TTE (Art. 5).

text: 33. Its aim is to establish a competitive internal market for TTE and ‘[…] that users must be allowed a free choice between the various types of equipment available […]’ (Recital 3).

text: 3.2 Impact on TTE market

text: 34. Directive

text: aims to foster competition in the TTE markets. A strong, competitive TTE market requires transparent technical specifications to be published (Recital 8, Articles

text: and

text: 35. The definition of the fixed NTP location has an impact on whether a piece of equipment at the customer premises is a part of the public network or a part of the TTE and therefore the definition has an impact on the TTE market and the effective application of 6 12 Directive

text: and

text: Regulation (EU) 2015/1535

text: (see paragraphs 8 and 9).

text: 36. In case equipment (e.g. modem, router, media box) is part of the TTE, it is also part of the TTE market. In case equipment is part of the public network (and therefore not part of the TTE), it is not part of the TTE market.

text: 37. However, in practice, there is a market for customer premises equipment (‘CPE’) including the TTE and the equipment that is part of the public network and, therefore, the TTE market is a subset of the CPE market.

text: 38. The definition of the fixed NTP location affects what types of equipment are subject to competition effects that result from the ability of end-users to choose their own equipment. 9

text: 3.2.1 Fixed NTP is located at point A

text: 39. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point A, then the end-user and not the network operator decides which equipment (e.g. modem, router, media box) will be used.

text: 40. In this case, the impact on the TTE market is as follows: a. Equipment like modem, router, media box are part of the TTE market. b. It has a relatively high number of customers (the end-users and network operators who offer non-obligatory equipment beyond their NTP) and each of them may have different needs (e.g. private and business requirements). c. Manufacturers and vendors may develop a variety of different devices in order to meet these customers’ demand; operators will foster this effort to present an attractive range of non-obligatory equipment to avoid end-users opting for unknown customer-provided equipment (effect of market contestability). d. Then end-users would be able to buy devices on the free TTE market or from their operator which meet their individual needs to a comparatively large degree. e. This is likely to foster innovation and competition on the TTE market. f. The dependence of vendors and manufacturers on a few large customers may be lower.

text: 41. The degree of the impact on the TTE market as described in paragraph 40 above depends not only on the extent to which end-users decide to use their own equipment and not the equipment provided by the network operator, but also on the contestability of the market on which network operators offer non-obligatory TTE to their customers.

text: 3.2.2 Fixed NTP is located at point B

text: 42. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point B, then the network operator decides which modem will be used and the end-users decide which other CPE (e.g. router, media box) is used.

text: 43. The impact on the TTE market is as in the case where the NTP is located at point C (see section 3.2.3) but only with regard to the modem and not with regard to the other equipment at the customer premises. 10

text: 44. The impact on the TTE market is as in the case where the NTP is located at point A (see section 3.2.1) with regard to the other CPE but not with regard to the modem, but may become like with point C in markets with a strong customer predilection for IADs.

text: 3.2.3 Fixed NTP is located at point C

text: 45. If the definition of the fixed NTP location determines that the fixed NTP is located at point C, then equipment like modem, router and media box are part of the public network and the network operator and not the end-user decides which equipment will be used.

text: 46. In this case, the impact on the TTE market is as follows: a. It does not comprise equipment like modem, router, media box. b. Network operators may offer end-users to select between different types of equipment like modem, router, IAD, however, they may not offer the same variety of devices as end-users would be able to buy on the TTE market in case the equipment is part of the TTE (see section 3.2.1); there would be only little market contestability. c. End-users would therefore only be able to use equipment which meet their individual needs to a lesser extent. d. This may result in a lower level of innovation and competition for equipment like modem, router, media box, IAD. e. Vendors and manufacturers may be dependent on a few large customers with regard to such equipment.

text: 3.2.4 Conclusions

text: 47. The degree that the NTP location fosters innovation and competition on the TTE market is highest for point A, lower for point B and still lower for point C.

text: 3.3 Assessment whether there is an objective technological necessity for equipment to be part of the public network

text: 48. The location of the NTP is where the public network ends and the TTE begins (see paragraph 7).

text: 49. If there is an objective technological necessity for equipment to be considered as part of the public network, then such equipment needs to be part of the public network. If there is not, then there would be no need for the equipment to be part of the public network. 11

text: 50. Directive

text: aims to enable end-users to use the TTE of their choice (see paragraph 33) and

text: Regulation (EU) 2015/2120

text: (Art. 3(1)) stipulates that in case of an internet access service end-users have the legal right to use the TTE of their choice (see paragraph 26).

text: 51. Equipment at the customer premises not being part of the public network also contributes to the fostering of innovation and competition in the TTE market and to the availability of TTEs in the TTE market that are tailored to end-users’ needs to a higher degree (see section 3.2.4).

text: 52. Therefore, it follows that equipment at the customer premises is part of the TTE unless there is an objective technological necessity for equipment to be considered as part of the public network.

text: 53. Consequently, the TTE includes the maximum number of pieces of equipment at the customer premises possible and, therefore, end-users have the maximum freedom to use the equipment of their choice.

text: 54. For these reasons and in accordance with paragraphs 26 and 27 of the 2016 BEREC Guidelines on net neutrality rules (as cited in paragraph 28), NRAs shall assess whether there is an objective technological necessity for equipment to be considered as part of the public network.

text: 55. This assessment only needs to consider equipment which is provided by the network operator, where the network operator does not allow the end-users to replace it with their own equipment.

text: 56. NRAs shall in particular consider the criteria described and explained in this section in the assessment.

text: 57. The remainder of this section, and sub-sections, presents for each criterion basic aspects of the impact of different NTP locations and, based on this, the aspects which in particular need to be taken into account in the assessment whether there is an objective technological necessity for equipment to be part of the public network.

text: 58. The impact is considered for the following three NTP locations (see annex): a. Point A: The NTP is the point (e.g. physical connector) at which the subscriber access line ends at the customer premises where no active equipment is between the NTP and the subscriber access line. 12 b. Point B: The NTP is the interface at the end-users’ side of the modem (e.g. traditional DSL modem, fibre modem, cable modem) which provides network termination but no further functionality (e.g. without switching, routing, NAT , WLAN). c. Point C: The NTP is the interface at the end-users’ side of the CPE which provides not only network termination but also further functionalities (e.g. routing, WLAN).

text: 59. If the outcome of the NRA assessment is that there is no objective technological necessity for any equipment at the customer premises to be part of the public network, then all equipment is part of the TTE and the fixed NTP is located at point A (see annex).

text: 60. If the outcome of the NRA assessment is that there is an objective technological necessity for the modem but not for other equipment at the customer premises to be part of the public network, then all equipment except the modem is part of the TTE and the fixed NTP is located at point B (see annex).

text: 61. If the outcome of the NRA assessment is that there is an objective technological necessity for the modem and further equipment, e.g. a router, to be part of the public network, then this equipment is part of the public network and the fixed NTP is located at the corresponding point, e.g. point C (see annex).

text: 3.3.1 Interoperability between public network and TTE

text: 62. Interoperability between the public network and the TTE is of paramount importance and needs to be ensured in order to enable network operators to provide communications services to end-users and to prevent end-users’ TTEs from harming the public network.

text: 63. Network operators have the possibility to define any requirements their networks may have when defining the characteristics of the NTP (see section 2.4). TTE providers (e.g. modem, router, media box) must comply with these requirements.

text: 64. In case TTEs which do not comply with the characteristics of a particular public network’s NTP are connected to that public network, measures may be necessary to handle such situations properly.

text: 65. In cases where it is found that a TTE harms the network (e.g. it affects the service of other end-users), national legal provisions or measures may already be in place or 13 implemented by the NRA which permit network operators in such situations to disconnect the TTE in order to protect their networks. National legal provisions may provide such a permission to network operators without the need to pre-request it e.g. from the NRA, or only on request in case a TTE actually harms their networks.

text: 66. National legal provisions or end-user contracts might stipulate that end-users who operate a TTE which harm the public network are liable for any damages their TTE causes to the public network.

text: 67. It needs to be clarified who is responsible in case of faults (e.g. interoperability issues between modem, router or media box etc. and public network), the end-user or the network operator.

text: 68. Disputes between end-users and network operators may arise about whether or not a TTE fulfils the NTP characteristics. For example, in case the service of the end-user does not work properly, a dispute between end-user and network operator may arise about whether the cause is that the TTE does not (completely) comply with the NTP characteristics. 3.3.1.1 Fixed NTP is located at point A

text: 69. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point A, then interoperability between the equipment at the customer premises (e.g. modem, router, media box, see annex) and the public network needs to be ensured which includes the interoperability of the access technology used on the subscriber access line (e.g. G.fast, VDSL2 vectoring, DOCSIS 3.1, GPON). 3.3.1.2 Fixed NTP is located at point B or C

text: 70. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point B, then interoperability between CPE other than the modem (e.g. router, VoIP adapter, media box ) and the public network needs to be ensured. If it determines that the fixed NTP is located at point C, then interoperability between equipment other than those considered to be part of the public network (e.g. modem, router, VoIP adapter, media box) and the public network needs to be ensured.

text: 71. In case the NTP is located at point B or C, the interoperability between the public network and the TTE does not need to be ensured with regard to the access technology used on the subscriber access line (e.g. G.fast, VDSL2 vectoring, DOCSIS 3.1, GPON) as this access technology is only used within the public network. At this level, the TTE only needs interoperate with the modem (NTP at point B) or the router (NTP at point C). 14 3.3.1.3 Conclusions

text: 72. The NRA assessment of whether there is an objective technological necessity for equipment to be part of the public network shall include the criterion ‘interoperability between public network and TTE’.

text: 73. This assessment shall take into account in particular the following: a. Network operators have the possibility to take into account any requirements their networks may have when fulfilling the obligation to define the characteristics of the NTP that the TTE has to comply with (see section 2.4, para 13). b. Appropriate measures need to be in place which allow the network operators to adequately protect their networks in case TTEs are connected to the public network which do not comply with the NTP characteristics and harm the public network, and to resolve disputes between network operators and endusers.

text: 3.3.2 Simplicity of the operation of the public network

text: 74. The fixed NTP location may have an impact on the operation of the public network as considered in the following sub-sections. 3.3.2.1 Fixed NTP is located at point A

text: 75. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point A, then the end-user decides which CPE (e.g. modem, router, media box) is used.

text: 76. Different end-users may decide to use different types of TTE and, therefore, a variety of different modems, routers, media boxes etc. may be used and connected to the public network.

text: 77. The use of a variety of different types of TTE not owned by the network operator could make network operations more complex compared to a case where only a few different types of own TTE are used.

text: 78. For example, the modem needs to interwork with the network management system of the public network in order to operate the access technology used (e.g. VDSL2, DOCSIS, GPON). The public network has to manage a higher number of different types of modems , interoperability issues may occur more often and network operation needs to be coordinated with the end-user (see paragraph 79).

text: 79. Repair of faults needs to be coordinated between the network operator, on the one hand, and the end-user, who may have support from the vendor of his or her modem/router, on the other hand. Fault repair is in the interest of the end-user and, therefore, the end-user 15 may allow the network operator to access the modem, router, media box etc. in order to enable fault analysis and repair.

text: 80. However, the operation of the public network does not depend on the electricity supply at customer premises since no equipment at customer premises (e.g. modem, router) is part of the public network and, therefore, there is no need for the network operator to coordinate with the end-user with regard to this. 3.3.2.2 Fixed NTP is located at point B

text: 81. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point B, then the network operator decides which modem is used and the end-user decides which other CPE (e.g. router, VoIP adapter, media box ) is used.

text: 82. Simplicity of operation of the public network is as in case NTP is located at point C (see section 3.3.2.3) but only with regard to the modem and not with regard to other equipment at the customer premises.

text: 83. Simplicity of operation of the public network is as in case NTP is located at point A (see section 3.3.2.1) with regard to the other CPE and as in case NTP is located at point C (see section 3.3.2.3) with regard to the modem. 3.3.2.3 Fixed NTP is located at point C

text: 84. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point C, then CPE like e.g. modem, router or media box is part of the public network and the network operator decides which equipment is used.

text: 85. The operator may decide to offer services to end-users only based on a limited variety of modems, routers, media boxes etc.

text: 86. The use of a limited number of different types of equipment in the public network could make network operations less complex compared to a case where many different types of equipment are used which is not owned by the network operator.

text: 87. In case of interoperability issues between modem, router or media box and public network, the network operator is solely responsible for resolving these issues since the equipment lies within its domain. 16

text: 88. However, the operation of the customer-sided part of the public network depends on the electricity supply at customer premises which powers modem, router, media box etc. and, therefore, the network operator may have to coordinate with the end-user in this regard. 3.3.2.4 Conclusions

text: 89. The NRA assessment whether there is an objective technological necessity of equipment to be part of the public network shall include the criterion ‘simplicity of the operation of the public network’.

text: 90. This assessment shall take into account in particular the following: a. The situation that many different types of modems, routers, media boxes etc. not owned by the network operator are used when end-users have the possibility to use their own equipment is inevitable. b. The degree to which the use of end-user owned equipment impairs the simplicity of network operations has to be substantial and the negative results have to evidently outweigh the potential benefits for end-users and competition on the TTE market to constitute an objective technological necessity.

text: 3.3.3 Network security

text: 91. Network security is important in order to ensure the proper operation of the public and private network and the definition of the fixed NTP location may have an impact on this.

text: 92. For example, hackers could potentially utilise security vulnerabilities in the software used in the equipment at the customer premises (e.g. modem, router or other types of TTE ) and introduce malware (e.g. computer viruses, worms, Trojan horses) or launch denialof-service attacks causing damage to the public and/or private network. 3.3.3.1 Fixed NTP is located at point A

text: 93. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point A, then the equipment at the customer premises (e.g. modem, router, media box) is part of the TTE and therefore the end-user is responsible for its proper operation.

text: 94. The end-user needs to ensure that the software used in the TTE is no threat for network security e.g. by using appropriate software only, updating it regularly and using security software. To ensure this the end-user may have support from the TTE vendor. 17

text: 95. End-users may use a variety of different types of TTE (see section 3.3.2.1) and, therefore, the number of end-users that deploy a certain type of TTE is comparatively small (compared to the situation in paragraph 106). This diversity of TTE devices limits the number of compromised devices in the event of a vulnerability being discovered in a particular device.

text: 96. Security incidents caused by modem, router, media box etc. might impact the end-user’s private network. However, since they are part of the TTE, the end-user is responsible for the prevention and effects of such incidents.

text: 97. Security incidents caused by abuse of modem, router, media box etc. could also harm the public network. Since these devices are part of the TTE, network operators are not able to ensure the deployment of countermeasures against discovered vulnerabilities in these devices. However, network operators have the ability to take appropriate measures in their networks (e.g. at the edge of the core network) against the impact of such incidents on their networks.

text: 98. National legal provisions may be in place which permit network operators in such situations to disconnect the TTE in order to protect their networks. National legal provisions may grant such a permission to network operators without the need to request it or only on request, e.g. from the NRA, in case a TTE actually harms their networks.

text: 99. National legal provisions or end-user contracts may stipulate that end-users are liable for any damages their TTE causes in the public network and that the end-users might be required to pay compensation for any damage the TTE causes. 3.3.3.2 Fixed NTP is located at point B

text: 100. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point B, then the network operator decides which modem is used and the end-user which other CPE (e.g. router, VoIP adapter, media box ).

text: 101. Network security is similar as in case NTP is located at point C (see section 3.3.3.3) but only with regard to the modem and not with regard to other equipment at the customer premises.

text: 102. Network security is as in case NTP is located at point A (see section 3.3.3.1) with regard to the other CPE but not with regard to the modem. 3.3.3.3 Fixed NTP is located at point C

text: 103. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point C, then equipment at the customer premises as e.g. modem, router, and media box 18 are part of the public network and the network operator is responsible for their proper operation.

text: 104. The network operator needs to ensure that the software used in its equipment at the customer premises is no threat for network security e.g. by using secure software and updating it at regular intervals.

text: 105. Network operators have legal obligations with regard to the security of their networks and services according to the EECC (Art. 40(1)) which determines that Member States shall ensure that network operators ‘take appropriate and proportionate technical and organisational measures to appropriately manage the risks posed to security of networks and services.’

text: 106. Network operators might use only a few different types of modems, routers, media boxes etc. (see section 3.3.2.2) and, therefore, each of them is used for a comparatively high number of end-users (in comparison with the situation in paragraph 95). This lack of diversity of TTE models increases the number of compromised devices in the event of a vulnerability being discovered in the network operator’s selected device(s).

text: 107. If security incidents caused by modem, router, media box etc. nevertheless occur, the public network may be harmed by them. However, since this equipment is part of the public network, the network operator is responsible for the prevention and effects of such incidents.

text: 108. Security incidents caused by the abuse of modem, router, media box etc. could also harm private networks. Since this equipment is part of the public network, end-users are not able to deploy any countermeasures against discovered vulnerabilities in the modem, router, media box etc. to prevent this. However, network operators have to fulfil their legal obligations (see paragraph 105) and, therefore, must ensure an appropriate level of protection against security threats. 3.3.3.4 Conclusions

text: 109. The NRA assessment on whether there is an objective technological necessity for equipment to be part of the public network shall include the criterion ‘network security’. 19

text: 110. This assessment shall take into account in particular the following: a. The measures that are in place which allow the network operators to protect their networks against security incidents caused by abuse of modem, router, media box etc. b. If these measures are sufficient, then it would not be likely that there is an objective technological necessity that the modem, router, media box etc. at the customer premises need to be part of the public network from the perspective of network security.

text: 3.3.4 Data protection

text: 111. Data protection is important in order to prevent unauthorised access to personal data and infringements of confidentiality of communications . The definition of the fixed NTP location may have an impact on data protection as considered in the sub-sections below. 3.3.4.1 Protection of personal data and confidentiality of communications against access by network operators

text: 112. Communication within the premises of an end-user (local traffic) takes place via the public network in case the NTP is located at point C and completely within the end-users’ private network in case the NTP is located at point A or B (see section 3.3.5, Figure 3 and Figure 4).

text: 113. Therefore in case the NTP is located at point C, personal data within this local communication is available in the public network which could compromise the protection of end-users’ data. However, network operators are legally prohibited from ‘listening, tapping, storage or other kinds of interception or surveillance of communications’ in order to ensure the confidentiality of communications according to Directive

text: (Art. 5(1)).

text: 114. Communication between the premises of an end-user and the premises of other endusers (e.g. email, video conference) or a server in the public network (e.g. web server) always takes place via the public network irrespective of the NTP location. 20

text: 115. In case of this type of communication: a. The legal provisions mentioned in paragraph 113 apply as well. In addition, endusers may protect their personal data against unauthorised access by using encryption, e.g. email communication using an appropriate end-to-end encryption protocol (e.g. S/MIME ) or communication with web servers based on Transport Layer Security (TLS). b. End-users may use a firewall in order to protect their private network. In case the NTP is located at point A or B, the firewall is in the domain of the end-users and, therefore, they have the possibility to configure the firewall according to their needs. In case the NTP is located at point C, the firewall is in the domain of the network operator and, therefore, the end-users have only the possibility to configure the firewall if the network operators allow this. 3.3.4.2 Protection of personal data and confidentiality of communications against access by unauthorised end-users

text: 116. In public networks with an access network based on a shared medium (e.g. passive optical network, coax network), the same information is inevitably sent in the down link direction to all end-users connected to the same shared medium.

text: 117. Therefore, the public network needs to apply appropriate measures (e.g. encryption) in order to protect the personal data of the end-users and to ensure that end-users only get access to the information which is intended for them.

text: 118. The modem at the customer premises needs to be able to interwork with these measures (e.g. decryption) and to make only the information which is intended for the end-user accessible.

text: 119. In case the NTP is located at point A, the modem is part of the TTE and therefore this interworking is part of the interoperability which needs to be ensured between TTE and public network (see section 3.3.1), and needs to be included in the technical characteristics of the NTP (see section 2.4). In case the NTP is located at point B or C, modem is part of the public network and therefore this interworking is not relevant at the NTP. 3.3.4.3 Conclusions

text: 120. The NRA assessment of whether there is an objective technological necessity for equipment to be part of the public network shall include the criterion ‘data protection’. 21

text: 121. This assessment shall take into account in particular the following: a. That there is no objective technological necessity of equipment (e.g. modem, router, media box) needing to be part of the public network with regard to the protection of personal data against access by network operators (see section 3.3.4.1); b. In case of network access based on a shared medium and the NTP is located at point A, the interoperability between TTE and public network (see section 3.3.1) and the characteristics of the NTP (see section 2.4) need to include the interworking of appropriate protection measures (e.g. encryption) in order to protect personal data against access by unauthorised end-users (see paragraph 119).

text: 3.3.5 Local traffic

text: 122. The switching and routing of local traffic at customer premises is done by equipment (e.g. router) at customer premises. For example, an end-user sends a document from his PC to his printer via his router, or an end-user sends a document from his mobile phone, which is connected via his WLAN router, to a large screen also connected to this WLAN router (see Figure 3 and Figure 4).

text: 123. The definition of the fixed NTP location has an impact on the legal and regulatory considerations around local traffic at customer premises. 3.3.5.1 Fixed NTP is located at point A

text: 124. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point A, then modem and router are part of the TTE and therefore local traffic remains completely within the end-user’s private network (see Figure 3). Figure 3: Local traffic in case modem and router are part of the TTE 22

text: 125. This has the following consequences: a. The public network is not involved in local traffic at customer premises. b. Legal provisions which apply for public networks (e.g. with regard to net neutrality or lawful interception) do not apply to local traffic. c. Local traffic at customer premises remains completely private. 3.3.5.2 Fixed NTP is located at point B

text: 126. If the definition of the fixed NTP location stipulates that the fixed NTP is located at point B, then modem is part of the public network and router is part of the TTE.

text: 127. In case the NTP is located at point B, local traffic also remains completely within the end-user’s private network (see section 3.3.5.1) since the modem provides network termination only but no further functionalities like e.g. switching. 3.3.5.3 Fixed NTP is located at point C

text: 128. If the definition of the fixed NTP location determines that the fixed NTP is located at point C, then modem and router are part of the public network and switching and routing of local traffic at customer premises are done by the public network (see Figure 4). Figure 4: Local traffic in case modem and router are part of the public network

text: 129. This has the following consequences: a. Switching and routing of local traffic at the end-user premises may have to be considered to be a public communications service. b. Legal provisions public communications services have to fulfil (e.g. with regard to net neutrality, lawful interception) may also apply to local traffic. c. Local traffic of the end-user is accessible by the public network which may compromise the protection of end-users’ data (see section 3.3.4, paragraph 113). 23 d. The public network may not be able to identify each of the NTPs (NTP 1 to NTP 4) by means of a specific network address as demanded by the definition of the term ‘NTP’ in the EECC (Art. 2(9), as cited in paragraph 19). 3.3.5.4 Conclusions

text: 130. The NRA assessment of whether there is an objective technological necessity of equipment to be part of the public network shall include the criterion ‘local traffic’.

text: 131. This assessment shall take into account in particular the following: a. Modem and router being part of the public network may have serious implications (see paragraph 129). b. No objective technological necessity that modem or router must be part of the public network results from the criterion ‘local traffic’.

text: 3.3.6 Fixed-line services based on wireless technology

text: 132. Fixed-line services may be based on wireless technology and the definition of the fixed NTP location may have an impact on whether or not this is possible. 3.3.6.1 Example 1: Fixed-line voice service based on a mobile network

text: 133. The fixed-line voice service is provided to the end-user based on a modem (including VoIP or voice telephony adapter) at the customer premises which is connected to a mobile network (e.g. 4G).

text: 134. If the definition of the fixed NTP location stipulates that the modem (including VoIP adapter) is part of the public network (NTP location C, see annex case (3)), the fixed-line voice service is possible and provided at the fixed location of the port of the modem to which the end-user connects his or her telephone.

text: 135. If the definition of the fixed NTP location states that the modem is part of the TTE, the fixed-line voice service may not be possible since the voice service is provided via the air interface between modem and mobile network and, therefore, it is no longer a fixed-line service (at a fixed location) but instead a wireless service. 3.3.6.2 Example 2: Fixed-line internet access service based on a mobile network

text: 136. The fixed-line internet access service is provided to the end-user based on a router at the customer premises which is connected to a mobile network (e.g. 4G). 24

text: 137. If the definition of the fixed NTP location stipulates that the router is part of the public network (NTP location C, see Figure 5), a fixed-line internet access service is possible and it is provided at the ports of the router to which the end-user’s devices are connected (however, the criteria in section 3.3.5.3 needs to be considered). Figure 5: Fixed-line internet access service based on a mobile network – the router is part of the public network

text: 138. If the definition of the fixed NTP location determines that the router is part of the TTE (see Figure 6), a fixed-line internet access service may not be possible since the internet Figure 6: Fixed-line internet access service based on a mobile network – the router is part of the TTE 25 access service is provided via the air interface between router and mobile network and, therefore, it is no longer a fixed-line service (at a fixed location) but instead a wireless service. 3.3.6.3 Example 3: Fixed-line service based on wireless access and in-building cables

text: 139. The fixed-line service is provided to the end-user based on some equipment (e.g. router) at the customer premises which is connected with in-building cables to a wireless base station at the roof of the building, which in turn is connected to the public network e.g. based on a (point-to-point) wireless access technology.

text: 140. If the definition of the fixed NTP location stipulates that the equipment at the customer premises (e.g. router) is part of the public network (NTP location C), the fixed-line service is possible and provided at the fixed location of the ports of the router to which the enduser connects his or her devices (however, the criteria in section 3.3.5.2 needs to be considered).

text: 141. If the definition of the fixed NTP location states that the equipment at the customer premises (e.g. router) is part of the TTE (NTP location A), the fixed-line internet access service is also possible and provided at the point where the in-building cable ends at the customer premises. 3.3.6.4 Conclusions

text: 142. The NRA assessment on whether there is an objective technological necessity of equipment to be part of the public network shall include the criterion ‘fixed-line services based on wireless technology’.

text: 143. This assessment shall take into account in particular the following: a. In case it is necessary to enable fixed-line services based on wireless technology, there may be a need that equipment (e.g. modem with integrated VoIP adapter, router) is part of the public network. b. However, a router being part of the public network may have serious implications (see paragraph 129).

text: 4 Location of the mobile NTP

text: 144. Today, the end-users have the possibility to use their own mobile equipment in all 28 EU countries (see

text: 145. This shows that there is no objective technological necessity for mobile equipment to be considered as part of the public mobile network (see paragraphs 48 to 61).

text: 146. Therefore, NRAs when defining the mobile NTP location shall determine that the mobile NTP is at a location (e.g. the air interface between mobile equipment and base station) which permits end-users to (continue to) use their own mobile equipment. 26

text: Abbreviations

text: BEREC Body of European Regulators for Electronic Communications BoR Board of Regulators DRM Digital Rights Management EECC European Electronic Communications Code IAD Integrated Access Device IoT Internet of Things IP Internet Protocol ISDN Integrated Service Digital Network ISP Internet Service Provider MDF Main Distribution Frame NAT Network Address Translation NRA National Regulatory Authority NTP Network Termination Point POTS Plain Old Telephone Service SDH Synchronous Digital Hierarchy SHDSL Single-pair High-speed Digital Subscriber Line SIM Subscriber Identity Module TTE Telecommunications Terminal Equipment VoIP Voice over Internet Protocol WLAN Wireless Local area Network

text: Annex

text: 147. This annex illustrates for several (retail) services that the location of the NTP has an impact on whether an equipment is part of the public network or part of the TTE (see paragraph 8). The illustrations refer to three different NTP locations, point A, B and C (see paragraph 58).

text: 148. In the examples below, the equipment shown on the left side of the NTP is part of the TTE and the equipment shown on the ride side of the NTP is part of the public network. Therefore, depending on the NTP location, equipment at the customer premises is either part of the TTE or part of the public network. 28 29


text: M2M might include also the Internet of Things (IoT). 2

text: The draft Guidelines were submitted to public consultation (

text: BoR (19) 114

text: ) from 14 June 2019 to 28 August 2019. The relevant results are reported in the document

text: BoR (20) 49

text: . 3

text: In case of assignment of numbering resources, the assignee is responsible to keep the NRA/CA informed with updated information in the event of any change.

text: 5 Taking into account BEREC Report on IoT and CEPT Recommendations , the NRAs/CAs when assessing the risk of exhaustion of numbering resources may consider reviewing: • the length and/or the size of the number blocks to be assigned, in particular for the assignment to non-ECN/ECS entities, and • regulation governing the assignment and/or sub-assignment of numbering resources and number hosting for E.164 and E.212 numbering resources.

text: BEREC Report on Enabling the Internet of Things -

text: BoR (16) 39

text: 5 CEPT/ECC Recommendation (11)03 on Numbering and Addressing for Machine-to-Machine (M2M) communications and CEPT/ECC Recommendation (17)02 on Harmonised European Management and Assignment Principles for Geographic E.212 Mobile Network Codes (MNCs). 8

publisher: Organet för europeiska regleringsmyndigheter för elektronisk kommunikation

sprak: en

title: BEREC guidelines on common criteria for the assessment of the ability to manage numbering resources by undertakings other than providers of electronic communications networks or services and of the risk of exhaustion of numbering resources if numbers are assigned to such undertakings

serie: riktlinjer

text: 6 March 2020 1 Introduction

type: rubrik

text: This document sets out guidelines to assist Member States (MS) in case they decide to assign numbering resources to undertakings other than providers of electronic communications networks or services (non-ECN/ECS entities), in line with

text: article 93(2) of Directive (EU) 2018/1972

text: of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (EECC).

type: stycke

text: This newly introduced piece of legislation is intended to take account of recent trends and address the potential demand for numbering resources from non-ECN/ECS entities.

text: The demand for numbering resources has been dramatically increasing, mainly through the spread of Machine-to-Machine (M2M) services and the development of connected devices and products equipping wearables, cars, homes, buildings, etc. The intensity of such growth is so significant that it could lead, in the medium term, to the scarcity of some numbering resources. A key feature of this high demand for numbers for the M2M service providers is that a significant proportion of connected devices and products should be able to freely circulate, and hence be able to connect locally to public electronic communications networks with suitable identifiers, such as numbering resources. The growth and innovative potential of M2M services relies on the setting of competitive market entry conditions, associated with the granting of numbering resources at consistent conditions throughout the Union.

text: 1.1 Legal framework

text: The EECC aims at:

text: ii) enabling an extraterritorial use of non-geographic numbers within the EU for the provision of non-interpersonal communications services (

text: Article 93(4)

text: Article 93(2) of the EECC lays down the possibility for MS to grant rights of use for numbering resources on a non-discriminatory basis to non-ECN/ECS entities, if adequate numbering resources are available to satisfy current and foreseeable future demand. This possibility of assignment is also to support the development of cross-border services in the case of noninterpersonal communications services (Recital 246 and

text: Article 93(4)

text: The provisions of

text: Article 93(2)

text: also imply that some National Regulatory Authorities or other Competent Authorities (NRAs/CAs) may decide not to assign any numbering resources to non-ECN/ECS entities, whereas others may decide to assign numbering resources to non- ECN/ECS entities but limit the assignment to specific types of numbering resources.

text: Consequently, BEREC considers that each MS should decide which types of numbering resources, if any, may be assigned to the non-ECN/ECS entities on the basis of their needs.

text: Where a MS opts for the assignment of numbering resources to non-ECN/ECS entities, these latter shall demonstrate their ability to manage the numbering resources and to comply with any relevant requirements set out pursuant to

text: Article 94

text: . These conditions are, in fact, preconditions that non-ECN/ECS entities have to meet in order to be eligible to receive the right to use numbering resources.

text: This will allow non-ECN/ECS entities (e.g. providers of connected homes services, e-Health services, truck fleets or connected cars services, i.e. with potentially a huge customer base) to be assigned numbering resources directly by the NRAs/CAs independently of any ECN/ECS providers and thus support the general objective of contributing to the development of the internal market as set out in

text: Article 3

text: (2.c). MS should decide what type of numbering resources may be assigned. NRAs/CAs have to evaluate if it is necessary to grant individual rights of use for numbering resources, in accordance with

text: Article 94(1)

text: , and may also suspend further granting of rights of use for numbering resources to such undertakings, if it is demonstrated that there is a risk of exhaustion of numbering resources, in accordance with

text: Article 93(2)

text: As mentioned, NRAs/CAs shall ensure that national numbering plans and procedures are applied in a manner that ensures equal treatment to all providers of publicly available electronic communications services and non-ECN/ECS entities, when this latter is applicable. In particular, NRAs/CAs shall ensure that an undertaking to which the right of use for numbering resources has been granted does not discriminate against other providers of ECS as regards the numbering resources used to give access to their services, in accordance with

text: Article 93(3)

text: In order to achieve a consistent implementation and application of these new provisions across the European Union, BEREC has adopted, according to the legal mandate set for in

text: article 93(2)

text: by 21 June 2020, after consulting stakeholders and in close cooperation with the Commission, the present guidelines on common criteria for the assessment of the ability to manage numbering resources by non-ECN/ECS entities and on the risk of exhaustion of numbering resources if numbering resources are assigned to such undertakings.

text: 1.2 Objective and scope

text: The BEREC Work Programme 2019 included the delivery of BEREC guidelines on common criteria for the assessment of the ability of undertakings other than providers of ECN or ECS to manage numbering resources and of the risk of exhaustion of numbering resources when a MS opts to allow the assignment of numbers to non-ECN/ECS entities.

text: These guidelines only concern the assignment to non-ECN/ECS entities. This implies that these entities do not provide any publicly available ECN/ECS but use the assigned numbering resources for the provision of specific services, in accordance with the EECC.

text: Therefore, these guidelines will not apply to the assignment of numbering resources to ECN/ECS providers. These guidelines are only applicable to those MS that opt to assign numbering resources to non-ECN/ECS entities.

text: 2 Terminology

text: The terms and abbreviations used in these guidelines are understood as follows:

text: ECN/ECS provider: undertaking providing public electronic communications network or publicly available electronic communications services under the general authorisation regime.

text: Non-ECN/ECS entity: undertaking other than provider of public electronic communications networks or publicly available electronic communication services.

text: M2M service: M2M is a service involving an automated transfer of data and information between devices or software-based applications with limited or no human interaction.

text: M2M user: user that purchases an M2M service for the products that it sells (e.g. connected devices, car) or that are used by its clients (e.g. car manufacturer, electricity provider using smart meters).

text: End-user: a user not providing public electronic communications networks or publicly available electronic communications services.

text: Direct assignment: the assignment of numbering resources by the numbering plan administrator to an end-user who receives the right of use of the resources under specified conditions in an administrative decision.

text: Primary assignment: the assignment of numbering resources by the numbering plan administrator to an eligible applicant (i.e. primary assignee) who receives the right of use of the resources under specified conditions in an administrative decision.

text: Secondary assignment: the assignment of numbering resources by an assignee to an enduser who receives the right of use of the resources under specified conditions in a contract.

text: Sub-assignment: the assignment of numbering resources by an assignee to another entity that is not an end-user.

text: Number hosting: the implementation of an assignee`s numbering resources on the network of an electronic communications networks provider to enable connectivity for the assignee`s end users.

text: 3 Criteria for the assessment of the ability to manage numbering resources for non-ECN/ECS entities

text: According to Article 93(2) of the EECC, the assignment of numbering resources to non- ECN/ECS entities falls under the discretion of each MS and could be specifically prescribed by its own national electronic communications framework.

text: To that extent, each NRA/CA might consider if it is necessary:

text: 1. to identify new ranges of numbering resources or reallocate a present range for the assignment to ECN/ECS providers and non-ECN/ECS entities, also taking into account that such resources may have extraterritorial rights of use;

text: 2. to review the length of the numbers and the size of the number blocks to be assigned;

text: 3. to limit the assignment to non-ECN/ECS entities to specific types of numbering resources.

text: Moreover, these NRAs/CAs should consider how the non-ECN/ECS entities, as assignees, can cooperate in the prevention and in the investigation in case of fraudulent use and/or misuse of numbering resources.

text: For the sake of these guidelines, BEREC considers the term “ability to manage” (

text: Article 93(2)

text: ) to mean the skills and tools needed to perform a specific task, such as the management of numbering resources. This numbering management includes all necessary steps to activate and use the numbering resources, such as requesting an ECN/ECS provider to host the numbering resources, asking an ECN/ECS provider to enable interconnection with other numbering resources’ assignees so that, where economically feasible, “end-users are able to (…) access all numbers provided in the Union” (Article 97(1) of the EECC) and providing a service corresponding to the intended purpose of use of that number. In addition, “management” should comprise the effective actual use of the assigned numbering resources, thus minimising the amount of unused numbering resources.

text: In addition, the undertaking must also ensure compliance with any relevant requirements set out pursuant to Article 94 of the EECC.

text: The minimum criteria which should be met regardless of the respective numbering resources when a MS opts for the assignment of numbering resources to non-ECN/ECS entities are set out below. Additional criteria for the assessment of the ability to manage specific numbering resources by non-ECN/ECS entities might be imposed by MS

text: The criteria set out in section A refer to the information to be provided by the applicant in order to submit an eligible application. Further criteria to be assessed during the evaluation of the application for the assignment of the numbering resources are set out in section B. Moreover, section C sets out a criterion to be evaluated after the assignment.

text: A. Basic information that a non-ECN/ECS entity should provide:

text: 1. Identification and contact information

text: The applicant should provide the company/organisation registration number or other proof of their identity, address (e.g. own residential or business address in the country or address

text: of an authorised recipient in the country/EU/EEA), and the name and contact information of: • the person legally responsible for the company/organisation;

text: • the legal representative of the company/organisation; and

text: • the contact person responsible for numbering aspects.

text: Applicants with an address in another country could be required to specify an authorised recipient with an address in the country of the application.

text: In any case, the contact information must allow the NRA/CA to contact the applicant and to deliver legally effective orders and to address/signal possible fraudulent use and/or misuse of numbering resources.

text: 2. Description of service

text: The applicant should provide a description of the service with a sufficient level of detail to allow the NRA/CA to evaluate the service intended to be provided and the necessity of assigning the requested numbering resources. Consequently, the applicant in accordance with Annex 1, Part E, Point 1, of the EECC has to describe for what and how the requested types of numbering resources will be used, and this should also include a description of the business model. The NRA/CA must be able to verify whether the conditions for assignment, in particular those concerning the intended purpose of use, are met.

text: 3. Technical implementation details

text: The applicant should provide the relevant technical details and documentation that demonstrate the capacity to comply with numbering usage conditions by itself or through an ECN/ECS provider. The NRA/CA must be capable of assessing the technical implementation of the service and whether it enables or would enable the applicant to comply with numbering usage conditions.

text: In most cases, the technical implementation of numbering resources by a non-ECN/ECS entity may require an agreement for technical support with an ECN/ECS provider(s). In particular, the applicant must provide information on the following parameters:

text: (a) information on envisaged or established agreement (with an ECN/ECS provider(s)) with respect to number hosting, access, and interconnection;

text: (b) the name of the ECN/ECS provider(s) with whom such agreements have been entered into, if applicable; and

text: (c) the expected timeframes associated with the implementation of the numbering resources by the applicant.

text: If the set of information outlined above, or parts thereof, is not available to the applicant at the time of application, the NRA/CA may request that the missing information is provided during the evaluation period. Alternatively, the NRA/CA may require the applicant to supply such information within predetermined timeframes following the assignment of the numbering resource.

text: 4. Information on the requested numbering resources.

text: The applicant should specify the type and, where applicable, number range, period for assignment and geographical area of use of the requested numbering resources.

text: Numbering resources may only be used in accordance with their intended and defined purpose. The provision of the planned period for assignment serves the effective and efficient use of resources. This information must enable the NRA/CA to check the availability and risk of exhaustion of the desired numbering resources.

text: 5. Usage projection

text: The applicant should provide information about the usage projection to enable the NRA/CA to better monitor the future usage of numbering resources and plan ahead in its assignments of numbering resources. It also provides a starting point for the ex post evaluation of whether the actual usage matched with the envisioned usage from the application.

text: 6. Declarations

text: The applicant should declare that the information provided is accurate and that the numbers will be used in accordance with regulations, including what is foreseen in Annex I, Part E, of the EECC. The applicant has to ensure that the assigned numbering resource will be used legitimately. By providing a declaration, the responsibilities of the assignee will be emphasized.

text: Based on the information provided by the applicant, the NRA/CA should be able to analyse on a case by case basis the request concerning whether the non-ECN/ECS entity applicant complies with the rules including the guarantee of efficient use. During the evaluation of the application and where necessary the NRA/CA should advise and request applicants to provide it with missing or needed information.

text: B. Criteria to be evaluated by the NRA/CA during the evaluation period:

text: The NRA/CA should verify that the following criteria are met.

text: 1. The application demonstrates an appropriate use of the numbering resources as set out in the national numbering legislation.

text: The applicant shall demonstrate the need that justifies the assignment of the requested numbering resources. Furthermore, available information should demonstrate that the applicant is able to comply with legal provisions and/or ordered measures and it would therefore likely be able to ensure the appropriate use of numbering resources.

text: 2. The applicant complies with the legal provisions for any previous numbering resources assignments.

text: 3. The thresholds of minimal usage over time for the assignment of numbering resources is respected for previous numbering resources assignments of the same type.

text: 4. There is no risk of exhaustion of numbering resources.

text: The NRA/CA needs to check its national threshold indicating the risk of exhaustion of numbering resources. This also enables MS to keep a reserve of numbering resources to be assigned only for services that are for public benefit.

text: C. Criteria used by the NRA/CA after the assignments:

text: In order to prevent assigned numbering resources from being unused and to ensure effective and efficient use, the NRA/CA should check whether the assigned numbering resources are activated and used by the assignee within a specified period of time.

text: If it turns out after the assignment that this criterion is not met or if the numbering resources are misused and/or fraudulently used, the NRA/CA may take further action (e.g. withdraw the numbering resources) under their relevant national legislation.

text: 4 Criteria for the assessment of the risk of exhaustion of numbering resources for non-ECN/ECS entities

text: The criterion on the assessment of the risk of exhaustion of numbering resources is based on the comparison of the estimated usage of the numbering resources with thresholds of utilisation and/or expected time remaining until this threshold will be reached. The criterion may include the assessment of the degree of assignment (share of total numbering resources that have been assigned), the extent of actual use of assigned numbering resources, or a combination of both.

text: In order to estimate the usage of the numbering resources, a procedure to be applied after the assignment could be:

text: 1. monitoring on the actual use of assigned numbering resources,

text: 2. analysing the past development of assignments; and

text: 3. generating a forecast on the development of future requests.

text: This activity is carried out in advance of a possible exhaustion in order to take proper actions for continuing the assignment of numbering resources, when possible.

text: 5 Review clause

text: In line with obligations set out in the BEREC regulation, BEREC will monitor the application of the present guidelines and of the electronic communications sector in general. Based on the experience gained, including on the evolution in the assignments of numbering resources to non-ECN/ECS entities, BEREC will review the present guidelines by no later than 2023.

type: vagledning

utgivare: berec