The European Commission (EC) has told the Dutch market regulator, the Independent Post and Telecommunications Authority of the Netherlands (OPTA), to disregard a ruling by the appeals court and reduce its proposed termination rates in the country. Telecompaper writes that, following an appeal by the country’s incumbent operators, the watchdog had to amend its initial decision and subsequently notified the EC of the higher rates set by the court. However, in February this year Brussels suspended OPTA’s decision on the revised rates for three months, pending a review by the European Union (EU) regulator, the Body of European Regulators for Electronic Communications (BEREC). In due course the agency upheld the EC’s position over the setting of rates, saying the court’s ruling did not follow EU recommendations on the cost-based methodology used. As such, the EC has invoked its new regulatory powers and recommended that the OPTA reduce the termination rates. OPTA expects to issue its new decision on the issue this summer.
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