The different models of separation involve decisions on how the separated wholesale division will work, including on matters such as reporting obligations, Chinese walls, and on which IT systems can be shared and which ones require a separated access.
In addition, the governance structure of the separated wholesale division might be subject to a supervisory committee and/or a monitoring unit that oversees the compliance of the SMP operator with its non-discrimination commitments.
Of the countries researched, four out of ten countries have a supervisory committee, Iceland, Ireland, Italy and the UK. In New Zealand, there was a supervisory committee (IOG) from 2008 to 2011, the period when the incumbent operator had been implementing functional separation. However, the committee ceased to exist after the implementation of structural separation in 2011.
Poland does not have a supervisory committee per se that monitors compliance with nondiscrimination commitments but the system of KPIs is subject to independent audits to verify its functioning.
Australia also does not have a supervisory committee. However, when the incumbent was implementing functional separation before its structural separation, the Independent Telecommunications Adjudicator (ITA) provided a voluntary fast- track dispute resolution to investigate and resolve complaints on equivalence between wholesale customers and the incumbent.
Supervisory committee main findings (Cullen International)
|
Country |
Monitoring power |
Sanctioning power |
Cooperation with NRA and/or NCA |
Appointment |
Duration of mandate |
| Iceland | Yes | No | Yes • reports to the NCA if it becomes aware of any violations of the non-discrimination obligations set out in the settlement between Siminn/Mila and the NCA • submits an annual report to the NCA and the NRA on implementation and monitoring of the nondiscrimination obligations and dispute resolution proceedings |
Three members • All independent of Siminn. • One Míla’s employee may be appointed to the committee who has not been previously in charge of services and customer relations • Chairman of the committee shall always be independent of Siminn and Míla. Siminn appoints the committee members, subject to the approval by the NCA and the NRA, within one month of the appointment. |
Two years |
| Ireland | Yes | No | Yes Periodically reports to the NRA on matters within its mandate |
Five members • Three appointed and remunerated by the NRA • Two appointed by the incumbent from nonexecutive members |
Five years (Until May 2024, then no obligation to maintain supervisory committee) |
| Italy | Yes | No | Yes • Reports to the NRA discrimination problems • The supervisory committee has started new forms of cooperation with the NRA set out in annual workplans (e.g. proposal for i. a new set of KPIs and KPOs, ii. a simplification and rationalisation of the causes of failed provision orders, iii. study on the digitalisation of processes for monitoring delivery performance in work orders |
Five members • Three appointed by the NRA • Two appointed by the incumbent after consultation with the NRA |
Five years |
| United Kingdom Openreach - OBARCC | Yes | No | Yes • Reports a breach of the Commitments or the Governance Protocol by Openreach to the NRA • Must provide extracts of minutes of all its meetings to the NRA. • must provide a detailed annual report on the compliance of Openreach with the Commitments and the Governance Protocol and its handling of customer complaints to the NRA |
Four members • One (Openreach chairman) appointed by BT Group after consultation with the NRA • Three (independent non-executive directors) appointed by BT Group following consultation with the Openreach Chairman and the NRA BT may delegate to the Openreach Board (in consultation with the BT Group nominating & governance committee) the appointment of independent non-executive directors. |
Five years |
| United Kingdom BT - BTCC | Yes | No | Yes • Reports a breach of the Commitments or the Governance Protocol by BT to the NRA |
At least three members (currently four members) Members of the BTCC (independent nonexecutive directors) are appointed by the board |
Not specified |