December 16, 2019

The preliminary report explains that OTT services, such as social media, instant messaging, videoconferencing and video streaming, are of great value to consumers and businesses, but could have an increasing competitive impact in the rapidly evolving electronic communications market.

The European Electronic Communications Code Directive (2018/1972/EU) (EECC) included a new, broader definition of electronic communication services giving the national regulatory authorities (NRAs) legal power needed to collect data from number independent interpersonal communications services (NI-ICS) providers. Moreover, it provided the legal basis to request data from services that are not electronic communication services or networks, insofar as these requests are substantiated and proportionate.

The report concentrates on the identification of the new kinds of data that NRAs and BEREC may need in order to perform their tasks and who to collect these data from.

BEREC says that as these new data collection powers apply to all NRAs and other competent authorities, it is important to seek a level of harmonisation on definitions of indicators, metrics and collection methods in order to facilitate NRAs data collection, make it easier for the companies to provide the data and to allow for international comparison.

BEREC has identified via a questionnaire to NRAs the relevant services and indicators to collect data from different OTT providers. The report includes a list of possible indicators to request from these providers, under the new framework. The “preliminary list” is a first approach to satisfy NRAs’ needs. However, an updated definitive list with precise definitions and metrics shall be discussed with the agents in the sector to reflect on the provider’s capabilities to provide information and to enable BEREC to make a judgement on what is a proportionate request.

Further, BEREC proposes an industry-wide discussion to define the precise metrics and definitions of the indicators. BEREC may then produce guidelines and templates on the collection of data from OTT service providers, which should include a list of indicators and their data definitions, obligations for providers to provide data and cooperation amongst NRAs in the sharing of data.

The report covers:

• the legal rights to collect data under Articles 20 and 21 of the EECC;
• why NRAs need data and its justification;
• the challenges of data collection and experiences by NRAs and interviews with OTT companies;
• a list of indicators that BEREC has identified as necessary at this stage; and
• the plan for further action.