On November 6th, 2008, a Public Hearing on the Independent/European Regulators Group (I/ERG) Draft Work Programme 2009 was held in Brussels.

The Draft IRG/ERG Work Programme 2009 (Draft WP 2009) was discussed and agreed at the ERG Plenary in Dublin on October 9th and 10th, and it contains the main considerations and expected outputs from the IRG/ERG in 2009. It is focused on the following priority areas:

• Framework Review
• Next Generation Networks/ Access NGN/NGA evolution
• Dynamic and differentiated regulation
The I/ERG’s work on consumer empowerment will also be continued and broadened.

Two points which will be discussed by ERG are especially interesting for AER, namely the review of the New Regulatory Framework for electronic communications infrastructure and associated services (Framework Review) and cooperation with the Radio Spectrum Policy Group (RSPG).

In relation to the Framework Review, I/ERG agreed that the analysis of the ongoing legislative proposals and the preparation of I/ERG position papers will continue. Major workstreams that the I/ERG will be focusing on are: analysis of the ongoing legislative proposals, analysis of proposals and implementation issues of forthcoming institutional set up, analysis of the new content provisions and implications for regulation.

I/ERG is planning to continue work with the RSPG in 2009. Four areas have been identified where further analysis is necessary:

• Market definitions
• Transitional issues
• Information symmetry (market/transaction transparency and the need to ensure equitable access to information on spectrum usage)
• Use of spectrum to dominate markets:
o Safeguards need to be established against the use of spectrum ownership to establish or maintain a dominant position in a downstream market (e.g. via hoarding, M&A, price squeezing, etc.).
- What role does "ex-ante" regulation play in this respect?
- If it is necessary, how should it be applied and by whom should it be applied (institutional set-up)?

Next steps:
- The President of the German Federal Network Agency, Matthias Kurth, has been elected unanimously by the I/ERG as their new Chairman in 2009.

To view the I/ERG Draft Work Programme 2009 please click here.