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the legislative parts of the proposed regulatory package will only enter into force after their adoption by the Council and the European Parliament, expected during 2010–2011.

  • 49.

    The consistently high international roaming charges led the Commission to propose, on the basis of Article 95 EC, a Roaming Regulation63, which entered into force on 30 June and will be applicable for three years. As a result, in all Member States mobile operators were obliged to offer to all their customers by 30 July a Eurotariff, which applied automatically from 30 September unless a customer chose to opt out. The Eurotariff sets a retail price cap for calls made or received abroad64. The Commission is required to report to Council and the European Parliament in 2008 on the functioning of the Regulation and in particular whether it should be extended in duration and/or scope to include other services such as roaming SMS or data.

  • 50.

    The Commission adopted several Decisions concerning public funding schemes for broadband in rural or remote areas with no or only limited broadband coverage65. The Commission also accepted, in well-defined circumstances, State intervention in favour of advanced broadband services in areas where the incumbent operators were only partly offering basic broadband services66.

  • 51.

    The Commission conducted a preliminary investigation into the “Wireless Prague” project, the first municipal wireless network case assessed by the Commission under the State aid rules67. Following modifications to the project the Commission concluded that no State aid was involved.

  • 52.

    In the area of merger control the Commission relied on a dynamic approach in respect of fast-moving markets such as those considered in Syniverse/BSG68, where the Commission assessed the market for GSM roaming data clearing services. The market characteristics (such as the availability of the technology needed by competitors to enter the market) identified during an in-depth investigation led the Commission to a straight clearance Decision even though the merger entailed a reduction of market players currently active in Europe.

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Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27/6/2007on roaming on public mobile telephone networks (OJ L 171, 29.6.2007, p. 32). At EUR 0.49 excl. VAT for calls made and EUR 0.24 excl. VAT for calls received; these price caps will be further reduced in 2008 and 2009. Cases N 475/2007, National Broadband Scheme Ireland, Commission Decision of 25.9.2007; N 473/2007, Broadband connections for Alto Adige, Commission Decision of 11.10.2007; N 570/2007, Broadband in rural areas of Baden-Württemberg, Commission Decision of 23.10.2007; N 442/2007, Aid in favour of broadband in remote areas of Veneto, Commission Decision of 23.10.2007. Cases N 746/2006, North Yorkshire NYNET Project United Kingdom, Commission Decision of 21.2.2007; N 890/2006, Aide du Sicoval pour un réseau de très haut debit, Commission Decision of 10.7.2007. Case NN 24/2007, Prague Municipal Wireless Network, Commission Decision of 30.5.2007. Case COMP/M.4662, Syniverse/BSG, Commission Decision of 4.12.2007.

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