![]() ![]() The IBPT asked Skype Communications ( Skype) to provide such a notification in respect of the ‘SkypeOut’ feature. Under Belgian law, providers of ECSs are required to notify the Belgian regulatory authority for telecoms (the IBPT) before providing their services in Belgium. The definition excludes content services and information society services ( ISSs) that do not consist wholly or mainly in the conveyance of signals on ECNs. Under Article 2(c) of the Framework Directive, an ECS is defined as a service normally provided for remuneration that consists wholly or mainly in the conveyance of signals on ECNs. ![]() ![]() What is an “electronic communications service”? The EU telecoms regulatory framework is principally derived from four key directives – the Framework Directive creates the framework within which these directives sit and, in particular, defines the principle concepts of electronic communications networks ( ECNs) and ECSs. In light of rapid technological change and continued convergence across the TMT sector, the case of Skype Communications Sàrl v Institut belge des services postaux et des télécommunications (IBPT) (Case C-142/18) EU:C:2019:460 (5 June 2019) provides much needed guidance, particular for over-the-top services, on which services fall within the remit of the Framework Directive. On 5 June 2019 the European Court of Justice ( ECJ) clarified that a voice-over-internet protocol ( VoIP) service is an “electronic communications service” ( ECS) for the purpose of the Framework Directive (2002/21/EC) and is therefore subject to the applicable regulatory framework. ![]()
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