Tomorrow
In 2009 OPTA is focusing on the following eight special focus areas:
- preventing the commission of offences;
- stimulating investments in fibre optic networks;
- boosting competition in the business market;
- increasing choice in the cable television sector;
- achieving reasonable call tariffs in Europe;
- securing Internet safety;
- reducing annoyance occasioned by undesirable telemarketing calls;
- combating the misuse of paid information numbers.
Today
The domains of telephony, post, internet and television are changing every day. New businesses are starting up and services are developing in a flash. There is a growing wave of new opportunities and subscriptions. OPTA ensures that there is competition and confidence in the communications sector in the interests of consumers. This mission revolves around two key points: the promotion of competition and the protection of consumers.
Every three years OPTA analyses the markets for electronic communications services. It examines price variations, the breakdown of the market and the opportunities available to new parties to enter it. Should it appear that a party has ‘significant power’ in a market, OPTA will impose remedies in relation to that party. In doing so OPTA is strict where necessary but flexible where possible.
OPTA checks whether market parties comply with the law in order to protect consumers. It may tackle any business that fails to do so, for example, by imposing a sanction on it. In addition, it informs consumers directly about their rights and obligations through ConsuWijzer.
Yet OPTA does even more than this. Consider the following for instance:
- we issue telephone numbers;
- we track down spammers and spyware
SpywareUndesirable software installed on your computer. distributors, fining them where possible; - we ensure that the legally stipulated minimum level of service is provided in the postal and fixed telephony sectors;
- we adjudicate disputes between providers (concerning access to and interconnection between networks) or those related to laying cables;
- we monitor and assess KPN’s tariffs;
- we regulate electronic signature certification service providers.
Yesterday
It was not so long ago that the government provided all telephone, postal and cable services. It owned PTT outright and the local cable networks were controlled by local authorities. The business sector has been providing these services since privatisation occurred. It is very important that former monopolies are not misused. In this case the market will not operate properly, which will result in high prices and little choice for consumers.
The public authorities (European and otherwise) have therefore decided to draft legislation and regulations which will enable them to regulate these markets. In addition, it has established an independent regulatory authority to monitor compliance with those regulations. The Independent Post and Telecommunications Authority of the Netherlands (OPTA) was established in the Netherlands on 1 August 1997. What OPTA is allowed and required to do is set out in the Independent Post and Telecommunications Authority Act [OPTA wet], the Postal Act [Postwet] and the Telecommunications Act [Telecommunicatiewet].
Significant market power (SMP): any provider that holds a share of the relevant market in excess of 25% is deemed to have SMP. However, what also plays a role in determining whether this is the case, is if such a provider is capable of influencing the market or the level of experience that such a provider has in supplying products and providing services to that market. OPTA may impose remedies on any party with SMP.