Competition

Within the framework of its market analyses regarding the electronic communications sector, the BIPT can impose specific obligations on operators with significant market power. The year 2023 was devoted to the further preparation of the review of the broadband and broadcasting wholesale markets.

The BIPT also monitors the implementation of the obligations imposed upon SMP operators and their subsidiaries, among which those consisting in elaborating reference offers to grant access to the infrastructure of the SMP operators to other operators. In 2023, the BIPT adopted two decisions on the analysis of the reference offers of Fiberklaar and Unifiber, joint ventures created by Proximus for the deployment of an FTTH network.

Furthermore, the tariffs of the reference offers must be determined in accordance with the costs of an efficient operator: to allow this verification, the existing point-to-multipoint FTTH cost model of Proximus’ own network was updated in 2023.

Besides market analyses, the BIPT published this year a communication on how operators can request access to the end-user cable of another operator. The BIPT also implemented the freedom of choice of the modem for broadband and television services.

The Infofibre.be website provides answers to the many questions raised by the large-scale roll-out of optical fibre and raises awareness of the usefulness and importance of optical fibre among different target groups. It also presents on a map the status and evolution of the deployment in Belgium.

In 2023, the BIPT participated in the selection of 5G pilot projects within the framework of the call for projects of the FPS Economy aiming to draw the public’s attention to the possibilities and advantages of the 5G technology.

The BIPT conducts an annual national and international analysis of electronic communications tariffs.

The BIPT also analyses the quality of fixed and mobile broadband networks in Belgium every other year. The second edition of its qualitative study was published in early 2023 and confirms that the coverage of fixed and mobile networks in Belgium is good to very good. By contrast, the study also shows that Belgium is lagging behind its neighbouring countries in terms of higher fixed speeds (>1 Gbps) and 5G coverage. The situation however changed significantly over the course of 2023 as a result of continued investment in optical fibre and the most advanced cable technologies.

Furthermore, the BIPT also oversees the phasing-out of the copper network, which has become superfluous where optical fibre is deployed. In its communication of 20 June 2023, the BIPT sets a consistent approach to clarify for both alternative operators and their end-customers how the phasing-out of the copper network will happen and the impact on them.

The BIPT keeps watch on other market developments such as mergers, takeovers, transfers of assets and, when necessary, cooperates with other bodies to monitor these actions. The BIPT has also published this year a communication clarifying the conditions that should be met by any agreements between operators in order to guarantee effective and sustainable competition for the benefit of end-users.

In 2023, the BIPT published an update of its study on the sustainability of the telecommunications networks in Belgium. It reveals that sustainability is already an important theme for the three telecoms operators interviewed and that they have already developed a number of initiatives and set targets. Their energy consumption and CO2 emissions are decreasing.

As regards the universal service, the BIPT published its annual monitoring in which the BIPT concluded that it was not necessary to designate a provider to ensure the availability, quality and affordability of the adequate broadband internet access service of at least 10 Mbps. In 2023, the BIPT also continued to work with the bodies involved in the social tariff reform project, in order to prepare for the entry into force of a new system on 1 March 2024.

The postal observatory created by the BIPT in 2010 enables the monitoring of developments in the postal sector.

The BIPT monitors the application of the European regulation on cross-border parcel delivery services. In that context, the BIPT analysed the tariffs of the universal service provider (bpost) in order to identify possible unreasonably high tariffs.

The BIPT published a new study on the postal aspects of e-commerce, with particular emphasis on the sustainability of the last-mile delivery.

The BIPT validated the qualification (universal, public or commercial service) of the various services of the universal postal service provider, bpost, as well as its analytical accounting, and continued its work on the development of a method allowing to control the net cost of the universal service, in case bpost introduced a compensation request.