Achieving a Level Playing Field between the Players of the Internet Value Chain

A fully functioning ICT Single Market in the European Union requires a level playing field between all the actors in the Internet value chain. This is not currently the case as telecommunication operators face more stringent rules than OTTs for the provision of their services. This imbalance does not provide the same level of protection for customers, does not provide the same guarantees for governments and generates competition distortion, hence it has to be overcome. To achieve this purpose we propose to update the definition of the "Electronic Communications Services" deleting the "conveyance of signals" criterion and limiting ECS to access services. Such change would clarify the classification of ICT services ensuring the same level of consumer protection since substitutable services would be submitted to the same regulatory regime. This paper also presents a proposal for further reviewing the Telecom Package transferring obligations from the sector-specific to the cross-sector framework and underlines the need for efficient law enforcement and taxation. Considering the extent of the proposed changes, this paper is to be considered as a basis for further analysis.