DIRECTIVE OF MARCH 7, 2002 RELATING TO UNIVERSAL SERVICE
Directive 2002/22 / EC of the European Parliament and of the Council
of 7 March 2002
concerning universal service and user rights with regard to electronic communications networks and services (“universal service” directive)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
acting in accordance with the procedure referred to in Article 251 of the Treaty (4),
considering the following:
(1) The liberalization of the telecommunications sector, the intensification of competition and the increasing choice of communications services are accompanied by action aimed at creating a harmonized regulatory framework which guarantees the provision of a service. universal. The concept of universal service is expected to evolve in line with technological progress, market developments and changes in user demand. The regulatory framework established in 1998 on the occasion of the total liberalization of the telecommunications market in the Community defined the minimum scope of universal service obligations and established rules for calculating their cost and financing.
(2) Under Article 153 of the Treaty, the Community must contribute to the protection of consumers.
(3) The Community and the Member States have undertaken, in the context of the World Trade Organization (WTO) Agreement on Basic Telecommunications Services, commitments concerning the regulatory framework for telecommunications networks and services. Any WTO member has the right to define the type of universal service obligations it intends to maintain. These obligations will not be considered in themselves as anti-competitive as long as they are managed in a transparent, non-discriminatory and competitive neutral manner and are not more onerous than necessary for the type of service. universal defined by the member.
(4) Guaranteeing a universal service (i.e. providing a minimum set of specified services to all end-users at an affordable price) may result in the provision of certain services to certain end-users at prices that diverge those arising from normal market conditions. However, the compensation of the airlines designated to provide these services in these circumstances cannot lead to any distortion of competition, provided that these designated airlines are compensated for the specific net cost incurred and that this net cost is recovered by a neutral means. from a competition point of view.
(5) In a competitive market, certain obligations should apply to all undertakings providing publicly available telephone services at specific locations, while others should apply only to undertakings with significant market power or which have been designated as universal service operators.
(6) The network termination point represents, for regulatory purposes, the boundary between the regulatory framework relating to electronic communications networks and services and the regulations applicable to telecommunications terminal equipment. The definition of the location of the network termination point is a matter for the national regulatory authority, acting, where appropriate, on the basis of a proposal submitted by the companies concerned.
(7) Member States should continue to ensure that, within their territory, the services referred to in Chapter II are made available to all end-users, at the specified quality level, regardless of their geographical location. and, depending on the conditions specific to each Member State, at an affordable price. Member States may, within the framework of universal service obligations and depending on the conditions specific to each of them, adopt specific measures in favor of consumers living in rural or geographically isolated areas to ensure their access to the services referred to in Chapter II, as well as the affordability of these services, and guarantee this access under the same conditions, in particular for the elderly, disabled people and people with specific social needs. Such measures may also include those which are directly targeted at consumers with specific social needs by providing assistance to identified consumers, for example through specific measures, taken after consideration of individual claims, such as debt forgiveness. .
(8) A fundamental requirement of the universal service is to provide users who so request with a connection to the public telephone network at a fixed location, at an affordable price. This requirement is limited to a single narrowband connection to the network, the provision of which may be limited by the Member State to the main position / main residence of the end user, and does not extend to the digital network at integration of services (ISDN), which offers several connections that can be used simultaneously. No constraint should be imposed with regard to the technical means used to make the connection, as wired or wireless technologies can be used interchangeably, nor with regard to the operators designated to fulfill all or part of the universal service obligations. Connections to the public telephone network at a fixed location should be able to provide voice transmission and data communication at speeds sufficient to access online services such as those offered on the public Internet. How fast a given user accesses the Internet depends on a number of factors, for example the Internet connectivity provider (s) or the application to which a connection is established. The data rate provided by a single narrowband connection to the public telephone network depends on the capabilities of the subscriber’s terminal equipment as well as the connection. VS’ Therefore, it is not appropriate to require a specific data rate or bit rate at community level. The currently available telephone band modems generally offer a data rate of 56 kbit / s and have automatic data rate adaptation systems according to the varying quality of the lines, which can result in a data rate. real less than 56 kbit / s. A certain flexibility is necessary, on the one hand, so that the Member States can take, if necessary, the necessary measures so that the connections are able to support this data rate and, on the other hand, so that the States members, where applicable, can authorize data rates lower than this 56 kbit / s cap in order, for example, to exploit the capabilities of wireless technologies (including cellular wireless networks), with the aim of providing universal service to a larger part of the population. This may be particularly important in certain accession countries, where the number of households connected to the traditional telephone network remains relatively low. In specific cases where the connection to the public telephone network at a specific location is manifestly insufficient to ensure satisfactory access to the Internet, Member States should be able to require that this connection reach the level enjoyed by the majority of subscribers and which allows Internet access. If these specific measures result in a net cost to be borne by the consumers concerned,
(9) The provisions of this Directive do not prevent Member States from designating several undertakings to provide the network and service elements of the universal service. Designated carriers supplying network elements may be required to ensure that construction and maintenance are adequate and able to meet all reasonable demands for connection at a specific location to the public telephone network and access to telephone services. accessible to the public in a determined position.
(10) An affordable price is understood to be a price defined at national level by the Member States taking into account specific national circumstances and may involve the establishment of common pricing independent of geographical position or of special pricing formulas to meet needs of low-income users. From the perspective of the individual consumer, affordability is linked to their ability to monitor and control their spending.
(11) Directory and directory inquiry services are essential tools for accessing publicly available telephone services and fall under the universal service obligation. Users and consumers want comprehensive directories and a directory inquiry service that covers all listed telephone subscribers and their numbers (including landline and mobile numbers); they want this information to be presented in an unbiased manner.
(12) It is important that citizens have adequate public pay telephones and that users are able to call emergency numbers and, in particular, the single European emergency number (” 112 “), free of charge from any telephone set, including a public pay telephone, without having to use any means of payment. The lack of information on the existence of the “112” deprives citizens of the additional security that such a number represents at European level, in particular when traveling in other Member States.
(13) Member States should take appropriate measures to ensure that disabled users and users with special social needs have access to and affordability of all publicly available telephone services at a fixed location. Specific measures intended for disabled users could include, where appropriate, the provision of accessible public telephones, text-based public telephones, or equivalent measures, for the deaf and people with speech impairments, the provision of free of charge of services such as directory inquiry services, or equivalent measures, for the blind and visually impaired, and the provision on request of itemized invoices according to alternative formulas for the blind or visually impaired. Special measures may also be necessary to allow disabled users and users with special social needs to access emergency services (“112”) and to give them the possibility of choosing between different operators or service providers. similar to that of other consumers. Quality of service standards have been defined in relation to various indicators making it possible to assess the quality of services obtained by subscribers and the extent to which the designated companies assuming universal service obligations manage to comply with these standards. Quality of service standards do not yet exist for disabled users. Performance standards and ad hoc indicators should, as provided for in Article 11, be defined for disabled users. In addition, national regulatory authorities should be able to demand the publication of performance data with regard to quality of service once such standards and indicators have been defined. The universal service provider should not take measures preventing users from taking full advantage of the services offered by other operators or service providers, in combination with the services that it offers itself as part of the universal service. do not yet exist for disabled users. Performance standards and ad hoc indicators should, as provided for in Article 11, be defined for disabled users. In addition, national regulatory authorities should be able to demand the publication of performance data with regard to quality of service once such standards and indicators have been defined. The universal service provider should not take measures preventing users from taking full advantage of the services offered by other operators or service providers, in combination with the services that it offers itself as part of the universal service. do not yet exist for disabled users. Performance standards and ad hoc indicators should, as provided for in Article 11, be defined for disabled users. In addition, national regulatory authorities should be able to demand the publication of performance data with regard to quality of service once such standards and indicators have been defined. The universal service provider should not take measures preventing users from taking full advantage of the services offered by other operators or service providers, in combination with the services that it offers itself as part of the universal service. as provided for in Article 11, be defined for disabled users. In addition, national regulatory authorities should be able to demand the publication of performance data with regard to quality of service once such standards and indicators have been defined. The universal service provider should not take measures preventing users from taking full advantage of the services offered by other operators or service providers, in combination with the services that it offers itself as part of the universal service. as provided for in Article 11, be defined for disabled users. In addition, national regulatory authorities should be able to demand the publication of performance data with regard to quality of service once such standards and indicators have been defined. The universal service provider should not take measures preventing users from taking full advantage of the services offered by other operators or service providers, in combination with the services that it offers itself as part of the universal service. dealing with the quality of service once standards and indicators of this type have been defined. The universal service provider should not take measures preventing users from taking full advantage of the services offered by other operators or service providers, in combination with the services that it offers itself as part of the universal service. dealing with the quality of service once standards and indicators of this type have been defined. The universal service provider should not take measures preventing users from taking full advantage of the services offered by other operators or service providers, in combination with the services that it offers itself as part of the universal service.
(14) Given the importance of access to the public telephone network at a fixed location, and its use, it should be made available to anyone who makes a reasonable request. In accordance with the principle of subsidiarity, it is for the Member States to decide, on the basis of objective criteria, which undertakings are to assume universal service obligations for the purposes of this Directive, taking into account, where appropriate, capacity and willingness of companies to accept all or part of these obligations. It is important that universal service obligations are fulfilled in the most efficient way so that, in general, users pay prices which correspond to effective cost coverage. Likewise, it is important that universal service operators preserve the integrity of the network and maintain the continuity and quality of service. The intensification of competition and the widening of choice increase the possibilities of having all or part of the universal service obligations assumed by companies other than those which are powerful on the market. Therefore, universal service obligations could, in certain cases, fall on operators using the most cost-effective means to provide access and services, including through competitive or comparative selection procedures. These obligations could be among the conditions to be fulfilled in order to be authorized to provide services accessible to the public.
(15) Member States should monitor the situation of consumers with regard to the use of publicly available telephone services and, in particular, the affordability of such services. The affordability of telephone service is related to the information that users receive regarding the expenses of using the telephone as well as the relative cost of using the telephone compared to other services; it is also linked to the ability of consumers to control their spending. The affordability of the service therefore implies conferring a certain power on consumers through the universal service obligations to which the companies designated to fulfill them are subject. These obligations relate to the provision of a determined level of itemized billing, the possibility for consumers to selectively prohibit certain calls (such as high tariff calls for premium rate services), to control their spending using prepayment means and to count their charges. preliminary connection costs. These measures will probably have to be reviewed or modified to take into account the evolution of the market. The conditions in force do not require operators assuming universal service obligations to warn subscribers when a predetermined expenditure threshold has been crossed or an anomaly appears in the call structure. A future review of the applicable legislative provisions should consider the possible need to
(16) Except in the event of persistent delay or default of payment, the consumer should be protected from the risks of immediate interruption of the connection to the network due to an unpaid invoice and retain, in particular if there is a dispute over high invoicing premium rate services, access to basic telephone services as long as the dispute is not resolved. Member States may decide that such access can only be maintained if the subscriber continues to pay the line rental charges.
(17) Quality and price are determining factors in a competitive market and national regulatory authorities should be able to monitor the level of service quality achieved by undertakings which have been designated to assume universal service obligations. With regard to the quality of service achieved by these undertakings, national regulatory authorities should be able to take the appropriate measures they deem necessary. National regulatory authorities should also be able to monitor the quality of services provided by other undertakings offering public telephone networks and / or publicly available telephone services to users in specified locations.
(18) Member States should, where appropriate, establish mechanisms for financing the net cost of universal service obligations in cases where it is demonstrated that such obligations can only be assumed at a loss or at a cost. net cost that exceeds normal commercial operating conditions. It is important to ensure that the net cost arising from universal service obligations is correctly calculated and that any funding leads to a minimum of distortions for the market and businesses, and is compatible with the provisions of Articles 87 and 88 of the Treaty.
(19) The calculation of the net cost of the universal service should take due account of the expenditure and revenue, as well as the intangible benefits arising from the provision of the universal service, but should not undermine the general objective of a tariff structure that account for costs. The net costs arising from universal service obligations should be calculated according to transparent procedures.
(20) Taking intangible benefits into account amounts to saying that an estimate, in monetary terms, of the indirect benefits that a company derives from its position as a universal service provider, should be deducted from the direct net cost of the obligations. universal service to determine the overall cost.
(21) Where a universal service obligation represents an excessive burden on an undertaking, Member States should be allowed to establish effective mechanisms for covering net costs. One of the methods of covering the net costs of universal service obligations is the levy on public funds. It is also possible to offset the net costs established by making all users contribute transparently through taxes levied on companies. Member States should be able to finance the net costs of the different elements of the universal service through various mechanisms and / or to finance the net costs of some or all of these elements either through the one of these mechanisms or by a combination of the two. In the case of a contribution from undertakings, Member States should ensure that the method of allocating the levy is based on objective and non-discriminatory criteria and respects the principle of proportionality. This principle does not prevent Member States from exempting from the contribution new entrants whose market share is not yet significant. The financing mechanisms should aim to ensure the participation of market players only in the financing of universal service obligations, and not in activities which are not directly linked to the provision of universal service. Coverage mechanisms should in all cases respect the principles of Community law and, in particular in the case of funding distribution mechanisms, those of non-discrimination and proportionality. A funding mechanism should be designed in such a way that users in one Member State do not contribute to covering the costs of the universal service in another Member State, for example when making calls from one Member State to another. ‘other.
(22) When Member States decide to finance the net cost of universal service obligations from public funds, such financing should be understood to include financing from general public budgets, including other public sources of financing, such as than state lotteries.
(23) The net cost of universal service obligations may be allocated among all undertakings or certain specified groups of undertakings. Member States should ensure that the allocation mechanism respects the principles of transparency, minimum market distortion, non-discrimination and proportionality. By “minimal market distortion” is meant that contributions should be recovered in a manner which, to the extent possible, minimizes the impact of the financial burden borne by end-users, for example by an allocation of funds. contributions as broad as possible.
(24) National regulatory authorities should ensure that undertakings receiving universal service funding provide sufficiently detailed information on the specific elements to be funded in order to justify their request. Member States’ regimes relating to the calculation of the cost and the financing of universal service obligations should be communicated to the Commission for verification of their compatibility with the Treaty. There are factors encouraging designated operators to increase the assessed net cost of public service obligations. Consequently, Member States should ensure effective transparency and verify the amounts corresponding to the financing of universal service obligations.
(25) Communications markets are constantly evolving in terms of the services used and the technical means employed to provide these services to users. Universal service obligations, which are defined at Community level, should be periodically reviewed in order to modify or redefine their scope. This review should take into account changing social, commercial and technological conditions and the fact that any change in the scope of these obligations should be double-tested the availability of these services for a large majority of the population and the resulting risk of social exclusion for those who do not have the financial means to access it. It should be ensured that a change in the scope of universal service obligations does not artificially favor certain technological choices at the expense of other options, does not impose a disproportionate financial burden on companies in the sector (thus jeopardizing progress and innovation in the market) and does not unfairly shift the burden of financing to low-income consumers. Any change in the scope of universal service obligations necessarily implies that any net costs can be financed through the mechanisms authorized by this Directive. Member States are not allowed to impose financial contributions on market players for measures that do not fall under universal service obligations.
(26) More effective competition on all access and service markets will increase the choice available to users. The degree of competition and effective choice varies within the Community and, within Member States, between geographic regions and between different access and service markets. Some users may be entirely dependent on access or services provided by a company with significant market power. In general, for the sake of efficiency and to promote effective competition, it is important that the services provided by a company with significant market power reflect their costs. For the sake of efficiency and for social reasons, the prices charged to end users should reflect the conditions of demand as well as the cost situation, provided that this does not lead to distortions of competition. There is a risk that a company with significant market power will use various means to prevent access or to distort competition, for example by charging excessive prices, by imposing a bundling of services provided to individuals or by unjustifiably privileging certain clients. National regulatory authorities should therefore be empowered, as a last resort and after due consideration, to impose retail price regulation on a company with significant market power. Price control rules, geographic equalization or other similar instruments, as well as non-regulatory measures such as publicly available retail price comparisons, can be used to achieve the dual objective of promoting effective competition in markets and meeting the public interest, which involves, for example, maintaining the affordability of telephone services for the benefit of certain consumers. In order to be able to exercise their regulatory functions in this area, and in particular to impose controls on tariffs, national regulatory authorities must be able to access useful information in terms of cost accounting. However,
(27) Where a national regulatory authority imposes an obligation to implement a cost accounting system to help control tariffs, it may itself undertake an annual audit to ensure compliance with that system. cost accounting, provided that adequate qualified personnel are available; or it may request that the verification be carried out by another qualified body, independent of the operator concerned.
The degree of competition is unlikely to be the same either in the different markets for leased lines under the minimum package, or across the country. In carrying out the market analysis, national regulatory authorities should carry out separate assessments for each market for leased lines under the minimum package, taking into account its geographic dimension. Leased line services are mandatory services that must be provided without the intervention of any compensation mechanism. The provision of leased lines outside the framework of the
(29) National regulatory authorities may also, in the light of an analysis of the relevant market, require mobile operators with significant market power to allow their subscribers to access the services of any interconnected provider of telephone services accessible to the Internet. public either on each call or by means of a preselection.
(30) The contract is an important instrument in the hands of users and consumers to ensure a minimum level of information transparency and legal certainty. Most service providers in a competitive environment enter into contracts with their customers for reasons of business opportunity. In addition to the provisions of this Directive, the requirements of the Community legislation in force in the field of consumer protection in the field of contracts, in particular Council Directive 93/13 / EEC of 5 April 1993 on unfair terms in contracts concluded with consumers (8) and Directive 97/7 / EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (9), apply to transactions made by consumers over electronic networks and services. In particular, consumers should enjoy a minimum level of legal certainty in their contractual relations with their direct supplier of telephone services, so that the terms of the contract, the conditions, the quality of the service, the terms of termination of the contract and termination of service, the compensation measures and the method of dispute resolution are specified in the contract. When service providers other than direct telephone service providers enter into contracts with consumers, they must contain the same information. Measures ensuring price transparency,
(31) End-users should have access to information made available to the public concerning communications services. Member States should be able to monitor the quality of the services offered in their territory. National regulatory authorities should, in any case, be able to collect information on the quality of services offered on national territory, on the basis of criteria which allow comparison between service providers and between Member States. Companies providing communications services in a competitive environment are likely to make adequate and up-to-date information about these services available to the public for reasons of business opportunity. However,
(32) End-users should be able to enjoy a guarantee of interoperability for all equipment marketed in the Community for the reception of digital television programs. Member States should be able to require the adoption of minimum harmonized standards for such equipment. These standards may be adapted from time to time to take account of changing technologies and markets.
(33) It is desirable that consumers should be able to benefit from the fullest possible connectivity to digital television receivers. Interoperability is an evolving concept in dynamic markets. Standards bodies should do their utmost to ensure that adequate standards keep pace with the technologies involved. Equally important is ensuring that connectors are available on television equipment that is able to transfer all the necessary elements of a digital signal, including audio and video streams, access information. conditional, information about services, information about the program interface of application (API) and information on copy protection. This Directive therefore ensures that the functionality of the open interface of digital television sets is not limited by network operators, service providers or equipment manufacturers and continues to evolve in accordance with technological developments. For the display and presentation of interactive digital television services, the achievement of a common standard through a mechanism that reflects the laws of the market is recognized as favorable to the consumer. Member States and the Commission can take policy initiatives, compatible with the Treaty, to encourage this development. open interface of digital television sets is not limited by network operators, service providers or equipment manufacturers and continues to evolve in accordance with technological developments. For the display and presentation of interactive digital television services, the achievement of a common standard through a mechanism that reflects the laws of the market is recognized as favorable to the consumer. Member States and the Commission can take policy initiatives, compatible with the Treaty, to encourage this development. open interface of digital television sets is not limited by network operators, service providers or equipment manufacturers and continues to evolve in accordance with technological developments. For the display and presentation of interactive digital television services, the achievement of a common standard through a mechanism that reflects the laws of the market is recognized as favorable to the consumer. Member States and the Commission can take policy initiatives, compatible with the Treaty, to encourage this development. technological evolution. For the display and presentation of interactive digital television services, the achievement of a common standard through a mechanism that reflects the laws of the market is recognized as favorable to the consumer. Member States and the Commission can take policy initiatives, compatible with the Treaty, to encourage this development. technological evolution. For the display and presentation of interactive digital television services, the achievement of a common standard through a mechanism that reflects the laws of the market is recognized as favorable to the consumer. Member States and the Commission can take policy initiatives, compatible with the Treaty, to encourage this development.
(34) All end-users should continue to have access to operator support services regardless of the body providing access to the public telephone network.
(35) The provision of directory inquiry services and directories is already open to competition. The provisions of this Directive supplement those of Directive 97/66 / EC by granting subscribers the right to have their personal data appearing in a printed or electronic directory. All service providers who assign telephone numbers to their subscribers are required to make useful information available to them on fair, cost-effective and non-discriminatory terms.
(36) It is important that users can call the single European emergency number “112”, and any other national emergency number, free of charge from any telephone set, including a public pay telephone, without having to use payment methods. Member States should already have made the necessary arrangements best suited to the national organization of emergency arrangements to ensure that calls made to this number are answered appropriately and are routed adequately to their recipients. Information concerning the caller’s position which must be made available to emergency services, insofar as this is technically possible, will improve the level of protection and safety of “112” users and will help the emergency services in accomplishing their mission, provided that the transfer of calls and associated data to the emergency services concerned is guaranteed. The receipt and use of this information should comply with the relevant Community legislation in the field of the processing of personal data. The constant progress of information technologies will gradually make possible the simultaneous processing of several languages on the networks at a reasonable cost. This in turn will provide additional security for European citizens who will use the “112” emergency call number.
(37) It is essential that European citizens and European businesses have easy access to international telephone services. The “00” has already been designated as the common prefix for access to the international telephone network in the Community. Specific arrangements for making calls between adjacent localities on either side of the border of two Member States may be made or extended. The ITU has assigned the code “3883” to the European Telephone Numbering Space (ETNS) in accordance with its recommendation E.164. In order to ensure that calls are connected to the ETNS, companies operating public telephone networks should ensure that calls using the code “3883” are directly or indirectly interconnected to ETNS networks, specified in the relevant ETSI (European Telecommunications Standards Institute) standards. These interconnection arrangements should be governed by the provisions of Directive 2002/19 / EC of the European Parliament and of the Council of 7 March 2002 on access to electronic communications networks and associated resources, as well as on their interconnection. (“access” directive) (10).
(38) Access by end users to all existing numbering resources in the Community is an essential condition for a single market. This access should cover free calling, premium rate and other non-geographic numbers, except where the called subscriber has chosen, for commercial reasons, to limit access by callers located in certain geographic areas. The tariffs applied to parties calling from outside the Member State concerned should not be the same as those applied to parties calling from that Member State.
(39) Keypad dialing and calling line identification are normally available on modern telephone exchanges and can therefore be gradually extended with little or no expense. Keypad dialing is increasingly used in interaction with special services and add-ons, including value-added services, and users who do not benefit from it may be unable to access these services. . Member States are not obliged to impose the provision of these additional services when they are already available. Directive 97/66 / EC protects the privacy of users in the context of itemized billing by giving them the means to protect their right to respect for their private life in the event of calling line identification. The development of these services on a pan-European basis would benefit consumers and is encouraged by this Directive.
(40) Number portability is a driving force behind consumer choice and effective competition in a competitive telecommunications environment; therefore, end-users who request them should be able to keep their number (s) on the public telephone network regardless of the organization providing the service. The provision of this additional service between connections to the public telephone network at determined and undefined positions is not covered by this Directive. However, Member States may take measures to ensure number portability between networks providing services at a fixed location and mobile networks.
(41) The impact of number portability is considerably enhanced by the transparency of pricing information, both for end users who keep their number and for end users who call those who have kept their number. National regulatory authorities should, to the extent possible, promote adequate transparency of pricing as part of the implementation of number portability.
(42) In order to ensure that interconnection prices related to the provision of number portability are set on a cost basis, national regulatory authorities may also take into account prices in comparable markets.
(43) Member States currently impose certain must-carry obligations on networks for the broadcast to the public of radio or television programs. Member States should be able to impose on undertakings under their jurisdiction, in consideration of legitimate public interests and only when this is necessary to achieve objectives of general interest clearly defined by them in accordance with Community law, obligations which should be proportionate, transparent and subject to periodic review. The must-carry obligations imposed by Member States should be reasonable; in other words, they should be proportionate and transparent taking into account the objectives of public interest clearly defined, and could, where appropriate, be accompanied by a provision providing for proportionate remuneration. These “must carry” obligations may include the transmission of services specifically intended to allow suitable access for disabled users.
(44) Networks used for the public broadcasting of radio or television programs include cable distribution networks and satellite and terrestrial broadcasting networks. They may also include other networks as a significant number of end users use these networks as their primary means of receiving radio or television broadcasts.
(45) Services providing content, such as an offer for the sale of sound broadcasting or television content, are not covered by the common regulatory framework for electronic communications networks and services. The providers of these services should not be subject to universal service obligations for these activities. This Directive is therefore without prejudice to measures adopted at national level, in accordance with Community law, with regard to these services.
(46) Where a Member State seeks to ensure the provision of other specific services throughout the national territory, the obligations imposed for this purpose should satisfy the criterion of cost-effectiveness and not fall under the universal service. Accordingly, Member States may take additional measures (for example, fostering the development of infrastructure or services in circumstances where the market does not satisfactorily meet the requirements of end-users or consumers), in accordance with the legislation. community. In response to the “eEurope” initiative launched by the Commission, the Lisbon European Council of 23-24 March 2000 called on Member States to ensure that the
(47) In the context of a competitive environment, the perspective of interested parties, including users and consumers, should be taken into account by national regulatory authorities when addressing issues related to the rights of end users . Efficient procedures should be made available for the settlement of disputes between consumers on the one hand and companies providing publicly available communications services on the other. Member States should take due account of Commission Recommendation 98/257 / EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court resolution of consumer disputes (11).
(48) Co-regulation could be an adequate way to encourage higher quality standards and improved service delivery. Co-regulatory mechanisms should be guided by the same principles as formal regulation, namely that they should be objective, justified, proportional, non-discriminatory and transparent.
(49) This Directive should provide for certain elements relating to consumer protection, in particular clarity of contractual conditions and means of dispute settlement, and transparency of tariffs for consumers. It should also encourage the extension of its benefits to other categories of end-users, especially small and medium-sized enterprises.
(50) The provisions of this Directive do not prevent a Member State from taking measures justified by the reasons set out in Articles 30 and 46 of the Treaty, and in particular reasons relating to public security, public order and public morals.
the Community may take measures in accordance with the principle of subsidiarity enshrined in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that article, this Directive does not go beyond what is necessary to achieve those objectives.
(52) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468 / EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12),
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE, OBJECTIVES AND DEFINITIONS
First article
Scope and objectives
1. Within the framework of Directive 2002/21 / EC (Framework Directive), this Directive relates to the provision of electronic communications networks and services to end users. It aims to ensure the availability throughout the Community of good quality publicly accessible services through effective competition and choice and to address cases where the needs of end users are not adequately met by the market.
2. This Directive establishes the rights of end-users and the corresponding obligations of undertakings providing publicly accessible electronic communications networks and services. As regards the provision of a universal service in an environment of open and competitive markets, this Directive defines the minimum set of services of a specified quality accessible to all end-users, at an affordable price. taking into account specific national conditions, without distortion of competition. This Directive also lays down obligations for the provision of a number of compulsory services, such as the retail provision of leased lines.
Article 2
Definitions
For the purposes of this Directive, the definitions set out in Article 2 of Directive 2002/21 / EC (“Framework” Directive) apply.
The following definitions also apply:
a) “public pay telephone”: telephone set made available to the public and for the use of which the means of payment may be coins and / or credit / debit cards and / or prepaid cards, including cards for use with dialing codes;
(b) “public telephone network”: an electronic communications network used for the provision of publicly available telephone services; it allows the transmission, between the endpoints of the network, of speech, but also other forms of communication such as facsimile and data transmission;
c) “telephone service accessible to the public”: service made available to the public to enable them to make and receive national and international calls, and to access emergency services by dialing one or more numbers from the national plan or international numbering; in addition, it may include, where appropriate, one or more of the following services: the provision of operator assistance, directory inquiry services / directories, the provision of public pay telephones, the provision of ” a service under special conditions, the provision of special services for people with disabilities or people with specific social needs and / or the provision of non-geographic services;
d) “geographic number”: number of the national numbering plan, part of the numerical structure of which contains a geographic meaning used to route calls to the physical location of the network termination point (PTR);
e) “Network termination point” (PTR): physical point through which a subscriber obtains access to a public communications network. In the case of networks using switching and routing, the PTR is identified by a specific network address which can be attached to the number or name of the subscriber;
f) “non-geographic number”: number of the national numbering plan which is not a geographic number. These include mobile numbers, freephone numbers and premium rate numbers.
CHAPTER II
UNIVERSAL SERVICE OBLIGATIONS, INCLUDING SOCIAL SERVICE OBLIGATIONS
Article 3
Universal service availability
1. Member States shall ensure that the services listed in this Chapter are made available to all end-users in their territory, regardless of their geographical position, at the specified level of quality and, taking into account specific national circumstances, at an affordable price.
2. Member States shall determine the most efficient and appropriate approach to ensure the implementation of the universal service, while respecting the principles of objectivity, transparency, non-discrimination and proportionality. They strive to minimize market distortions, especially when they take the form of the provision of services at rates or terms that differ from normal business conditions, while safeguarding the public interest.
Article 4
Provision of access in a determined position
1. Member States shall ensure that all reasonable requests for connection at a specified location to the public telephone network and for access to publicly available telephone services at a specified location are met by at least one undertaking.
2. The connection made must enable end users to make and receive local, national and international telephone calls, facsimile communications and data communications, at data rates sufficient to allow functional access to the Internet, taking into account the technologies most commonly used by the majority of subscribers and technically feasible.
Article 5
Directory inquiries and directories
1. Member States shall ensure that:
(a) at least one comprehensive directory is made available to end-users in a form approved by the competent authority, whether printed or electronic or both, and is regularly updated, i.e. ie at least once a year;
b) at least one comprehensive directory inquiry service is available to all end users, including users of public pay telephones.
2. The directories referred to in paragraph 1 include, subject to the provisions of Article 11 of Directive 97/66 / EC, all subscribers to publicly available telephone services.
3. Member States shall ensure that the undertaking or undertakings offering the services referred to in paragraph 1 apply the principles of non-discrimination to the processing of information provided to them by other undertakings.
Article 6
Public pay telephones
1. Member States shall ensure that national regulatory authorities are able to require undertakings to provide public pay telephones to meet the reasonable needs of end users in terms of geographical coverage, number of sets, accessibility of these workstations for disabled users and quality of services.
2. A Member State shall ensure that its national regulatory authority can decide not to impose obligations under paragraph 1 on all or part of its territory after having consulted the interested parties referred to in Article 33, if it assures that these or comparable services are widely accessible.
3. Member States shall ensure that it is possible to make emergency calls from public pay telephones by dialing “112”, the single European emergency call number, or others. national emergency numbers, free of charge and without having to use payment methods.
Article 7
Special measures in favor of disabled users
1. Member States shall, where appropriate, take special measures in favor of disabled end-users in order to ensure, on the one hand, access to publicly available telephone services, including emergency services, services information and directories, which is equivalent to that enjoyed by other end-users and, on the other hand, the affordability of these services.
2. Member States may take special measures, taking into account national circumstances, to ensure that end-users with disabilities can also benefit from the choice of firms and service providers enjoyed by the majority of end-users.
Article 8
Designation of companies
1. Member States may designate one or more undertakings in order to guarantee the provision of the universal service defined in Articles 4, 5, 6 and 7 and, where appropriate, in Article 9 (2), so that the whole of the national territory can be covered. Member States may designate different undertakings or groups of undertakings to provide different elements of the universal service and / or to cover different parts of the national territory.
2. When the Member States designate undertakings to fulfill universal service obligations over all or part of the national territory, they have recourse to an efficient, objective, transparent and non-discriminatory designation mechanism which does not a priori exclude any undertaking. The designation methods ensure that the provision of the universal service meets the criterion of cost-effectiveness and can be used in such a way that the net cost of the universal service obligation can be determined, in accordance with Article 12.
Article 9
Affordability of tariffs
1. National regulatory authorities shall monitor the development and level of retail tariffs applicable to services defined in Articles 4, 5, 6 and 7 as falling under universal service obligations and provided by designated airlines, in particular in relation to at the level of consumer prices and national income.
2. Member States may, in the light of national circumstances, require designated airlines to offer consumers options or pricing formulas which differ from those offered under normal conditions of commercial operation, in particular with the aim of ensuring that persons with low incomes or special social needs are not prevented from accessing or using publicly accessible telephone service.
3. In addition to any provisions providing for designated airlines to apply special tariff options or to comply with a tariff framework or geographic equalization, or other similar mechanisms, Member States may ensure that assistance is provided to consumers identified as having low incomes or specific social needs.
4. Member States may require undertakings assuming obligations under Articles 4, 5, 6 and 7 to apply common pricing, including geographic equalization, throughout national territory, taking into account national circumstances. , or to respect a framework of tariffs.
5. National regulatory authorities shall ensure that, when a designated airline is required to offer consumers special tariff options or common pricing, including geographic equalization, or to comply with a tariff framework, the conditions for this service be fully transparent, made public and applied in accordance with the principle of non-discrimination. National regulatory authorities may require modification or withdrawal of particular formulas.
Article 10
Control of expenses
1. Member States shall ensure that, for additional services and services in addition to those referred to in Articles 4, 5, 6 and 7 and in Article 9 (2), the designated airlines establish the conditions applicable so that the subscriber is not required to pay for additional services or services which are not necessary or required for the requested service.
2. Member States shall ensure that the designated airlines assuming obligations under Articles 4, 5, 6 and 7 and Article 9 (2) provide the additional services and specific services listed in Annex I , Part A, so that subscribers can monitor and control their spending and avoid unjustified service disruption.
3. Member States shall ensure that the competent authority is in a position to no longer enforce the requirements provided for in paragraph 2 over all or part of the national territory if the latter is satisfied that these services are widely available.
Article 11
Quality of service provided by designated airlines
1. National regulatory authorities shall ensure that all designated airlines with obligations under Articles 4, 5, 6 and 7 and Article 9 (2) publish adequate and up-to-date information on the results achieved in the provision of the universal service with regard to the quality of service indicators, definitions and measurement methods described in Annex III. The information thus published is also provided to the national regulatory authority.
2. National regulatory authorities may specify, inter alia, additional service quality standards, where relevant indicators have been designed, to assess the performance of businesses in providing services to end-users and consumers with disabilities. National regulatory authorities ensure that information on companies’ performance against these indicators is also published and made available to them.
3. National regulatory authorities may further specify the content, form and method of publication of information, in order to ensure that end-users and consumers have access to comprehensive, comparable and easy-to-use information.
4. National regulatory authorities should be able to set performance targets for undertakings assuming universal service obligations at least under Article 4. In doing so, national regulatory authorities take into account the point of view interested parties, in particular those referred to in Article 33.
5. Member States shall ensure that national regulatory authorities are able to verify compliance with the performance targets by the designated airlines.
6. A company’s persistent failure to meet performance targets may result in specific measures being taken in accordance with Directive 2002/20 / EC of the European Parliament and of the Council of 7 March 2002 on the authorization of electronic communications networks and services (authorization directive) (13). National regulatory authorities may require independent verification or similar assessments of performance data, carried out at the expense of the relevant undertaking, in order to ensure the accuracy and comparability of the data made available by undertakings assuming universal service obligations.
Article 12
Calculation of the cost of universal service obligations
1. Where national regulatory authorities consider that the provision of universal service, as set out in Articles 3 to 10, may represent an unjustified burden on undertakings designated as universal service providers, they shall calculate the net cost of this supply.
To this end, national regulatory authorities:
a) calculate the net cost of the universal service obligation, taking into account the possible commercial advantage of an airline designated to provide universal service, in accordance with the indications given in Annex IV, Part A, or
b) use the net cost incurred by the provision of the universal service and determined by the designation mechanism in accordance with Article 8 (2).
2. The accounts and / or any other information serving as a basis for the calculation of the net cost of the universal service obligations carried out in application of paragraph 1 (a) shall be subject to verification by the national regulatory authority or a body independent of the parties concerned and approved by the national regulatory authority. The result of the cost calculation and the conclusions of the audit are made available to the public.
Article 13
Funding of universal service obligations
1. Where, on the basis of the calculation of the net cost referred to in Article 12, the national regulatory authorities find that an undertaking is subject to an unjustified burden, the Member States shall decide, at the request of a designated undertaking:
a) establish a mechanism to compensate the said company for the net costs as calculated, under conditions of transparency and from public funds, and / or
b) share the net cost of universal service obligations among providers of electronic communications networks and services.
2. In the event of cost sharing as provided for in paragraph 1 (b), Member States shall establish an allocation mechanism managed by the national regulatory authority or a body independent of its beneficiaries, under the supervision of the national regulatory authority. . Only the net cost of the obligations defined in Articles 3 to 10, calculated in accordance with Article 12, may be the subject of financing.
3. A distribution mechanism shall respect the principles of transparency, minimum market distortion, non-discrimination and proportionality, in accordance with the principles set out in Annex IV, Part B. Member States may choose not to request contributions. to companies whose national turnover is lower than a limit which will have been fixed.
4. Any fees linked to the distribution of the cost of universal service obligations are separated and defined separately for each company. Such fees are not imposed or levied on undertakings which do not provide services in the territory of the Member State which has established the allocation mechanism.
Article 14
Transparency
1. Where a mechanism for distributing the net cost of the universal service obligations referred to in Article 13 is established, national regulatory authorities shall ensure that the principles for distributing the cost and details of such mechanism are made available public.
2. In compliance with Community and national regulations on business secrecy, the national regulatory authorities shall ensure that an annual report is published indicating the cost of the universal service obligations as calculated, listing the contributions made by all the undertakings concerned and indicating the commercial advantages, from which the undertaking (s) designated to provide a universal service may have benefited, in the event that a fund has been set up and is functioning effectively.
Article 15
Review of the scope of universal service
1. The Commission shall periodically review the scope of the universal service, in particular with a view to proposing its modification or redefinition to the European Parliament and to the Council. A review shall be carried out, the first time not later than two years after the date of application set out in the second subparagraph of Article 38 (1), and thereafter every three years.
2. This review is being carried out in the light of social, economic and technological developments, taking into account, in particular, mobility and data rates in the light of the technologies most commonly used by the majority of subscribers. The review procedure is carried out in accordance with Annex V. The Commission submits a report to the European Parliament and to the Council on the outcome of this review.
CHAPTER III
REGULATORY CONTROLS OF POWERFUL COMPANIES IN CERTAIN MARKETS
Article 16
Review of obligations
1. Member States shall maintain all the obligations relating to:
a) retail pricing for the provision of access to and use of the public telephone network, referred to in Article 17 of Directive 98/10 / EC of the European Parliament and of the Council of 26 February 1998 concerning the application of open network provision (ONP) to voice telephony and the establishment of a universal telecommunications service in a competitive environment (14);
b) the selection or pre-selection of operators, referred to in Directive 97/33 / EC of the European Parliament and of the Council of 30 June 1997 on interconnection in the telecommunications sector with a view to ensuring universal service and interoperability by applying the principles of open network provision (ONP) (15);
c) leased lines, referred to in Articles 3, 4, 6, 7, 8 and 10 of Directive 92/44 / EEC,
until a review has been carried out and a decision taken in accordance with paragraph 3 of this article.
2. The Commission shall indicate the relevant markets for the obligations relating to retail markets contained in the initial recommendation on relevant markets for products and services and in the decision identifying transnational markets, which will be adopted in accordance with Article 15 of the Directive 2002/21 / EC (“framework” directive).
3. Member States shall ensure that, as soon as possible after the entry into force of this Directive, and at regular intervals thereafter, national regulatory authorities carry out a market analysis, in accordance with Article 16 of Directive 2002/21 / EC (“framework” directive) to decide whether to maintain, modify or abolish the obligations relating to retail markets. The measures taken are subject to the procedure described in Article 7 of Directive 2002/21 / EC (“framework” directive).
Article 17
Regulatory controls for retail services
1. Member States shall ensure that:
(a) where, following a market analysis carried out in accordance with Article 16 (3), a national regulatory authority finds that a particular retail market, determined in accordance with Article 15 of Directive 2002/21 / EC (“framework” directive), is not in a situation of real competition, and
(b) the national regulatory authority concludes that the obligations imposed under Directive 2002/19 / EC (Access Directive) or Article 19 of this Directive would not achieve the objectives set out in the Article 8 of Directive 2002/21 / EC (“framework” directive),
national regulatory authorities impose appropriate regulatory obligations on companies determined to be strong in this market, in accordance with Article 14 of Directive 2002/21 / EC (“Framework” Directive).
2. The obligations imposed under paragraph 1 shall be based on the nature of the problem identified and are proportional and justified in the light of the objectives established in Article 8 of Directive 2002/21 / EC (“Framework” Directive). The obligations imposed may include the requirement that the targeted companies do not charge excessive prices, prevent market access or restrict competition by fixing predatory prices, or unreasonably favor certain users. end-uses or unreasonably bundle their services. National regulatory authorities may apply retail price control measures to these companies,
3. National regulatory authorities shall, upon request, provide the Commission with information on the controls carried out on the retail market and, where applicable, on the cost accounting systems used by the undertakings concerned.
4. National regulatory authorities shall ensure that, where an undertaking is subject to regulation of retail tariffs or other controls affecting the retail market, the necessary and appropriate systems of cost accounting are in place. . National regulatory authorities can specify the accounting format and methodologies to be used. Compliance with the cost accounting system is verified by an independent competent body. National regulatory authorities ensure that a declaration of conformity is published annually.
5. Without prejudice to Article 9 (2) and Article 10, national regulatory authorities shall not apply the detail control mechanisms referred to in paragraph 1 of this Article, in a geographic market or in a user market when it is established that competition is effective.
Article 18
Regulatory controls relating to the minimum set of leased lines
1. Where, following the market analysis carried out in accordance with Article 16 (3), a national regulatory authority finds that the market for the provision of the minimum set of leased lines or part thereof ci is not in a situation of real competition, it determines the significant undertakings with regard to the provision of the specific elements of the minimum set of leased lines throughout its territory or part of it, in accordance with the Article 14 of Directive 2002/21 / EC (“framework” directive). The national regulatory authority imposes on these companies, in relation to these particular leased line markets, obligations relating to the provision of the minimum set of leased lines,
2. Where, following the market analysis carried out in accordance with Article 16 (3), a national regulatory authority finds that a market significant from the point of view of the provision of leased lines under the minimum package is effectively competitive, it withdraws the obligations referred to in paragraph 1 with regard to that particular leased line market.
3. The minimum set of leased lines, as well as the harmonized characteristics and associated standards, shall be published in the Official Journal of the European Communities, in the list of standards referred to in Article 17 of Directive 2002/21 / EC (“framework” directive). The Commission may adopt the modifications necessary for the adaptation of the minimum set of leased lines to technical developments and to changes in market demand, including the possible removal of certain types of leased lines from this set, in accordance with the procedure referred to in Article 37 (2) of this Directive.
Article 19
Selection and preselection of operators
1. National regulatory authorities shall require undertakings notified as having significant market power from the point of view of the provision of connections to the public telephone network and of the use of that network at a fixed location, in accordance with Article 16 (3) , to allow their subscribers to access the services of any interconnected provider of publicly available telephone services:
a) on each call by dialing an operator selection code, and
b) by means of a preselection and a system enabling him to rule out any preselection choice on each call by dialing an operator selection code.
2. Users’ requests for these services to be implemented on other networks or by other means shall be assessed in accordance with the market analysis procedure described in Article 16 of Directive 2002/21. / EC (“Framework” Directive) and implemented in accordance with Article 12 of Directive 2002/19 / EC (“Access” Directive).
3. National regulatory authorities shall ensure that the pricing of access and interconnection linked to the provision of the services referred to in paragraph 1 is based on cost and that, where applicable, charges to be paid by the consumer are not play a dissuasive role with regard to the use of said services.
CHAPTER IV
INTERESTS AND RIGHTS OF END USERS
Article 20
Contracts
1. Paragraphs 2, 3 and 4 apply without prejudice to Community legislation on consumer protection, in particular Directives 97/7 / EC and 93/13 / EC, as well as to national regulations in accordance with community legislation.
2. Member States shall ensure that, when subscribing to services providing connection to and / or access to a public telephone network, consumers are entitled to a contract concluded with one or more undertakings providing telephone service. such services. The contract specifies at least:
(a) the identity and address of the supplier;
b) the services provided, the quality levels of the services offered, as well as the time required for the initial connection;
c) the types of maintenance services offered;
d) details of the prices and tariffs charged and the means by which up-to-date information on all applicable tariffs and maintenance costs can be obtained;
e) the duration of the contract, the conditions for renewing and interrupting the services and the contract;
f) any compensation and reimbursement formulas applicable in the event that the quality levels of the services provided for in the contract are not reached, and
g) the modalities for initiating procedures for the settlement of disputes in accordance with Article 34.
Member States may extend these obligations to cover other end users.
3. When contracts are concluded between consumers and providers of electronic communications services other than those providing a connection to and / or access to a public telephone network, these must also contain the information referred to. in paragraph 2. Member States may extend this obligation to cover other end-users.
4. As soon as they are notified of a proposed modification of the contractual conditions, subscribers have the right to terminate their contract, without penalty. Subscribers must be notified in good time, at the latest one month before these modifications, and are informed, at the same time, of their right to terminate this contract, without penalty, if they do not accept the new conditions.
Article 21
Transparency and publication of information
1. Member States shall ensure that transparent and up-to-date information relating to the prices and tariffs charged, as well as the applicable general conditions, as regards access to and use of publicly available telephone services. , are made available to end-users and consumers, in accordance with the indications contained in Annex II.
2. National regulatory authorities shall facilitate the provision of information to enable end-users, where necessary, and consumers to carry out an independent assessment of the cost of alternative use plans, for example, through guides. interactive.
Article 22
Quality of services
1. Member States shall ensure that national regulatory authorities are in a position, after taking into account the views of interested parties, to require undertakings offering publicly available electronic communications services to publish comparable information, adequate and up-to-date on the quality of their services to end users. This information is also provided, on request, to the national regulatory authority before its publication.
2. National regulatory authorities may specify, inter alia, the indicators relating to the quality of service to be measured, as well as the content, form and method of publication of the information, in order to ensure that end-users will have access to the information. comprehensive, comparable and easy to use. Where appropriate, the indicators, definitions and measurement methods given in Annex III could be used.
Article 23
Network integrity
Member States shall take all necessary measures to ensure the integrity of the public telephone network at specified positions and, in the event of catastrophic network failure or in cases of force majeure, access to the public telephone network and to telephone services accessible to the public. public in determined positions. Member States shall ensure that undertakings providing publicly available telephone services take all appropriate measures to ensure uninterrupted access to emergency services.
Article 24
Interoperability of consumer digital television equipment
In accordance with the provisions laid down in Annex VI, Member States shall ensure the interoperability of the digital consumer television equipment referred to in that Annex.
Article 25
Operator support and directory inquiry services
1. Member States shall ensure that subscribers to publicly available telephone services have the right to be listed in the publicly accessible directory referred to in Article 5 (1) (a).
2. Member States shall ensure that all undertakings which allocate telephone numbers to subscribers respond to all reasonable requests for availability, for the purpose of providing publicly available directory inquiry and directory services, relevant information, in an agreed form and on terms that are fair, objective, cost-sensitive and non-discriminatory.
3. Member States shall ensure that any end user connected to the public telephone network can have access to operator assistance services and directory inquiry services in accordance with Article 5 (1) (b).
4. Member States shall remove any regulatory restrictions preventing end-users of one Member State from directly accessing the directory inquiry service of another Member State.
5. Paragraphs 1, 2, 3 and 4 apply subject to the requirements of Community legislation on the protection of personal data and of privacy and, in particular, of Article 11 of Directive 97 / 66 / EC.
Article 26
Single European emergency number
1. Member States shall ensure that, apart from any other national emergency call number specified by national regulatory authorities, all end users of publicly available telephone services, including users of public pay telephones , can call the emergency services free of charge by dialing “112”, the single European emergency call number.
2. Member States shall ensure that calls directed to the single European emergency call number “112” are answered appropriately and are routed to their recipients in the manner best suited to the national organization of calls. emergency systems, taking into account the technological possibilities offered by networks.
3. Member States shall ensure that undertakings which operate public telephone networks make, to the extent technically feasible, caller location information available to the authorities responding in the event of an emergency, for all calls to the single European emergency number “112”.
4. Member States shall ensure that citizens are properly informed of the existence and use of the single European emergency number “112”.
Article 27
European prefixes for access to the telephone network
1. Member States shall ensure that the prefix “00” constitutes the common prefix for access to the international telephone network. Specific arrangements for making calls between adjacent localities on either side of the border of two Member States may be made or extended. End-users of publicly available telephone services in the localities concerned should be fully informed of these arrangements.
2. Member States shall ensure that all undertakings which operate public telephone networks route all calls intended for the European telephone numbering space, without prejudice to the need for an undertaking which operates a public telephone network to retrieve the cost of routing calls on its network.
Article 28
Non-geographic numbers
Member States shall ensure that end-users in other Member States are able to access non-geographic numbers in their territory, where technically and economically feasible, except where a called subscriber has chosen, for commercial reasons, restrict access by callers located in certain geographic areas.
Article 29
Provision of additional services
1. Member States shall ensure that national regulatory authorities are able to require all undertakings which operate public telephone networks to make available to end users the additional services listed in Annex I, Part B , subject to technical feasibility and economic viability.
2. A Member State may decide not to apply paragraph 1 to all or part of its territory if it considers, after taking into account the views of interested parties, that access to these additional services is sufficient.
3. Without prejudice to Article 10 (2), Member States may impose on all undertakings the obligations provided for in Annex I, Part A, point (e), relating to disconnection as a general requirement.
Article 30
Number portability
1. Member States shall ensure that all subscribers to publicly available telephone services, including mobile services, who request them can keep their number (s), regardless of the company providing the service. :
a) in the case of geographic numbers, at a specific location, and
b) in the case of non-geographic numbers, anywhere.
This paragraph does not apply to number portability between networks providing services at a fixed location and mobile networks.
2. National regulatory authorities shall ensure that the pricing of interconnection linked to the provision of number portability is based on cost and that, where applicable, the charges payable by the consumer do not act as a deterrent to with regard to the use of these additional services.
3. National regulatory authorities shall not impose retail pricing for number portability that would distort competition, for example by setting specific or common retail pricing.
Article 31
Must carry obligations
1. Member States may impose reasonable “must carry” obligations, for the transmission of specified radio and television channels or services, on undertakings which, under their jurisdiction, operate electronic communications networks used for the public broadcasting of radio or television broadcasts, when a significant number of end-users of these networks use them as their primary means of receiving radio or television broadcasts. Such obligations can only be imposed when they are necessary to achieve clearly defined general interest objectives and must be proportionate and transparent. These obligations are subject to periodic review.
2. Neither paragraph 1 of this Article nor Article 3 (2) of Directive 2002/19 / EC (Access Directive) prejudices the discretion of Member States to determine appropriate remuneration, where applicable. as appropriate, concerning measures taken in accordance with this article while ensuring that, under similar conditions, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where remuneration is provided, Member States shall ensure that it is provided in a proportionate and transparent manner.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Additional mandatory services
Member States may decide to make additional services available to the public on national territory, with the exception of services which fall under the universal service obligations defined in Chapter II, but, in this case, no compensation mechanism involving the participation of specific companies cannot be imposed.
Article 33
Consultation of interested parties
1. Member States shall ensure, as appropriate, that national regulatory authorities take into account the perspective of end-users and consumers (including, in particular, users with disabilities), manufacturers, companies that supply electronic communications networks and / or services on any matter relating to any rights of end users and consumers with regard to publicly available electronic communications services, in particular when they have a significant impact on the market.
2. Where appropriate, interested parties may set up, following the guidance of national regulatory authorities, mechanisms involving consumers, user organizations and service providers in order to improve the general quality of services, in particular by drawing up codes of conduct and operating standards and monitoring their application.
Article 34
Alternative dispute resolution
1. Member States shall ensure that transparent, simple and inexpensive out-of-court procedures are made available to resolve unresolved disputes to which consumers are parties and which concern matters falling within the scope of this Directive. Member States shall take measures to ensure that these procedures allow for a fair and expeditious settlement of disputes and may, where justified, adopt a system of reimbursement and / or compensation. Member States may extend these obligations to disputes involving other end users.
2. Member States shall ensure that their legislation does not preclude the establishment, at the appropriate territorial level, of online complaints desks and services responsible for facilitating access by consumers and end users to dispute resolution structures.
3. When these disputes concern parties in different Member States, the latter shall coordinate their efforts with a view to finding a solution to the dispute.
4. This article is without prejudice to national judicial procedures.
Article 35
Technical adaptations
The amendments necessary to adapt Annexes I, II, III, VI and VII to technological progress or to changes in market demand shall be adopted by the Commission in accordance with the procedure referred to in Article 37 (2).
Article 36
Notification, surveillance and review procedures
1. National regulatory authorities shall notify the Commission, at the latest on the date of application referred to in the second subparagraph of Article 38 (1), and without delay in the event of a subsequent amendment, the names of the undertakings designated to assume universal service obligations under Article 8 (1).
The Commission shall make this information available in an easily accessible form and forward it to the Communications Committee referred to in Article 37, where appropriate.
2. National regulatory authorities shall notify the Commission of the names of operators considered to have significant market power for the purposes of this Directive, and of the obligations imposed on them under this Directive. Any modification concerning the obligations imposed on undertakings or on undertakings covered by the provisions of this Directive shall be notified to the Commission without delay.
3. The Commission shall periodically review the functioning of this Directive and report to the European Parliament and to the Council, for the first time not later than three years after the date of application referred to in the second subparagraph of Article 38 (1). To this end, Member States and national regulatory authorities shall provide the Commission with the necessary information.
Article 37
Committee
1. The Commission shall be assisted by the Communications Committee set up by Article 22 of Directive 2002/21 / EC (“Framework” Directive).
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468 / EC shall apply, having regard to the provisions of Article 8 thereof.
The period provided for in Article 5 (6) of Decision 1999/468 / EC is set at three months.
3. The committee shall adopt its rules of procedure.
Article 38
Transposition
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 24 July 2003 at the latest. They shall immediately inform the Commission thereof.
They apply these provisions from July 25, 2003.
2. When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The modalities of this reference are decided by the Member States.
3. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive and of any subsequent amendment to those provisions.
Article 39
Coming into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 40
Recipients
This Directive is addressed to the Member States.
Done in Brussels on March 7, 2002.
For the European Parliament
President
P. Cox
For the Council
President
JC Aparicio
(1) OJ C 365 E, 19.12.2000, p. 238 and OJ C 332 E, 27.11.2001, p. 292.
(2) OJ C 139, 11.5.2001, p. 15.
(3) OJ C 144, 16.5.2001, p. 60.
(4) Opinion of the European Parliament of 13 June 2001 (not yet published in the Official Journal), common position of the Council of 17 September 2001 (OJ C 337 of 30.11.2001, p. 55) and decision of the European Parliament of 12 December 2001 (not yet published in the Official Journal). Council decision of February 14, 2002.
(5) OJ L 24, 30.1.1998, p. 1.
(6) OJ L 165, 19.6.1992, p. 27. Directive as last amended by Commission Decision 98/80 / EC (OJ L 14, 20.1.1998, p. 27).
(7) See page 33 of this Official Journal.
(8) OJ L 95, 21.4.1993, p. 29.
(9) OJ L 144, 4.6.1997, p. 19.
(10) See page 7 of this Official Journal.
(11) OJ L 115, 17.4.1998, p. 31.
(12) OJ L 184, 17.7.1999, p. 23.
(13) See page 21 of this Official Journal.
(14) OJ L 101, 1.4.1998, p. 24.
(15) OJ L 199, 26.7.1997, p. 32. Directive amended by Directive 98/61 / EC (OJ L 268, 3.10.1998, p. 37).
APPENDIX I
DESCRIPTION OF THE ADDITIONAL SERVICES AND SERVICES MENTIONED IN ARTICLE 10 (CONTROL OF EXPENDITURE) AND IN ARTICLE 29 (ADDITIONAL SERVICES)
Part A: Services and additional services referred to in Article 10
a) Detailed billing
Member States shall ensure that, subject to the requirements of legislation on the protection of personal data and privacy, national regulatory authorities can set the minimum level of detail of invoices that designated operators (in accordance with the Article 8) provide free of charge to consumers to enable them:
i) to verify and control the costs inherent in the use of the public telephone network in a determined position and / or associated telephone services accessible to the public, and
(ii) to properly monitor their use and the related expenditure and thus exercise some control over their invoices.
If necessary, a more detailed presentation can be offered to subscribers at a reasonable rate or free of charge.
Calls that are free to the calling subscriber, including calls to help lines, are not shown on the calling subscriber’s itemized bill.
b) Selective prohibition of outgoing calls, free of charge
That is to say the free complement of services allowing the subscriber who requests it from the telephone service provider to filter outgoing messages of a particular type or intended for certain categories of call numbers.
c) Prepayment systems
Member States shall ensure that national regulatory authorities can require designated operators to allow consumers to access the public telephone network and to use publicly available telephone services through the use of a prepayment system.
d) Payment of connection charges in installments
Member States shall ensure that national regulatory authorities can require designated operators to allow consumers to obtain a connection to the public telephone network through installment payments.
e) Unpaid invoices
Member States shall allow certain measures to be taken to recover invoices for the use of the public telephone network at specified positions which have not been paid; these measures are proportionate, non-discriminatory and they must be made public. These measures ensure that the subscriber receives proper notice of an interruption of service or disconnection resulting from this payment default. Except in the event of fraud, persistent delay or default of payment and insofar as this is technically possible, these measures ensure that the interruption is limited to the service concerned. Interruption of the connection for non-payment of bills should only occur after the subscriber has been duly notified.
Part B: List of additional services referred to in Article 29
a) Keypad dialing or DTMF (dual-tone multifrequency)
That is, the public telephone network accepts the use of DTMF tones defined in ETSI recommendation ETR 207 for end-to-end signaling by the network, both within and between Member States. this.
b) Call line identification
That is, the calling party’s number is presented to the called party before the call is established.
These additional services should be provided in accordance with the applicable legislation on the protection of personal data and privacy, in particular Directive 97/66 / EC.
As far as technically possible, operators provide data and signals to facilitate the offering of calling line identification and keypad dialing across Member State borders.
APPENDIX II
INFORMATION TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 21 (TRANSPARENCY AND PUBLICATION OF INFORMATION)
The national regulatory authority is responsible for ensuring that the information in this Annex is made available to the public, in accordance with Article 21. It is the responsibility of the national regulatory authority to determine what information should be published by the undertakings providing the networks. public telephone and / or telephone services available to the public and by the regulatory authority itself, in order to ensure that consumers are able to make an informed choice.
1. Name (s) and address (es) of the company (s)
That is to say the name and address of the head office of the companies providing public telephone networks and / or telephone services accessible to the public.
2. Publicly available telephone services offered
2.1. Scope of telephone service available to the public
Description of the telephone services available to the public, including what is included in the initial subscription fee and in the periodic rental fee (services by operator, directories, directory inquiry services, selective call barring, itemized billing, maintenance , etc.).
2.2. General pricing
Covers access, all types of call charges, maintenance and details of flat-rate discounts applied as well as special and targeted packages.
2.3. Compensation and reimbursement policy
Includes a detailed description of the compensation and reimbursement formulas offered.
2.4. Types of maintenance services offered.
2.5. Standard contractual conditions, including any minimum contractual periods.
3. Dispute resolution mechanisms, including those put in place by the company.
4. Information on rights with regard to the universal service, including the additional services and the services referred to in Annex I.
APPENDIX III
SERVICE QUALITY INDICATORS
Indicators, definitions and measurement methods referred to in Articles 11 and 22 with regard to delivery time and quality of service
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Note:
This is version 1.1.1 (April 2000) of document ETSI EG 201 769-1.
APPENDIX IV
CALCULATION, IF APPLICABLE, OF THE NET COST OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHMENT OF A MECHANISM FOR COVERAGE OR COST ALLOCATION IN ACCORDANCE WITH ARTICLES 12 AND 13
Part A: Calculating the net cost
By “universal service obligations” we mean: the obligations that a Member State has imposed on a company to provide a network and a service in a given geographical area by applying, where appropriate, tariffs by equalization. exchange for the provision of this service or by offering special tariffs to consumers with low incomes or special social needs.
National authorities are considering all possible means to encourage operators (designated or not) to fulfill their universal service obligations in a cost-effective manner. The net cost is the difference between the net cost borne by a designated airline when it provides universal service and when it does not. This rule applies whether the network is completely completed in a Member State or is still developing and expanding. Care should be taken to correctly assess the costs that the designated airline would have avoided if it had had the choice not to fulfill universal service obligations. The net cost calculation should assess the benefits, including intangible benefits, for the universal service operator.
The calculation is based on the costs attributable to the following items:
i) elements of services which can only be provided at a loss or at a cost which deviates from normal commercial conditions.
This category may include elements of services such as access to emergency telephone services, to certain public pay telephones, to the provision of certain services or equipment intended for the disabled, etc .;
(ii) particular end-users or groups of end-users which, taking into account the cost of providing the network and the service mentioned, the revenues obtained and the geographical equalization of prices imposed by the Member State, can only be served at a loss or at costs deviating from normal commercial conditions.
This category includes end users or groups of end users to whom a commercial operator would not provide services if it did not have a universal service obligation.
The calculation of the net cost of certain specific aspects of the universal service obligations is carried out separately, so as to avoid double counting direct or indirect benefits and costs. The overall net cost of universal service obligations for a company corresponds to the sum of the net costs associated with each component of these obligations, taking into account any intangible benefit. Verification of the calculation is the responsibility of the national regulatory authority.
Part B: Covering the net costs attributable to universal service obligations
Net costs attributable to universal service obligations may be covered or financed by providing designated airlines with universal service obligations compensation in exchange for services provided on non-commercial terms. As this compensation involves financial transfers, Member States must ensure that they are carried out in an objective, transparent, non-discriminatory and proportionate manner. In other words, these transfers must result in the least possible distortion of competition and user demand.
According to Article 13 (3), a fund-based distribution mechanism must use a transparent and neutral mechanism to collect contributions, which avoids double taxation of the entry and exit of companies.
The independent body which administers the fund is responsible for collecting contributions from companies deemed able to contribute to the net cost of universal service obligations in the Member State concerned. This body also monitors the transfer of sums due and / or administrative payments made to companies authorized to receive payments from the fund.
APPENDIX V
PROCEDURE FOR REVIEWING THE SCOPE OF THE UNIVERSAL SERVICE IN ACCORDANCE WITH ARTICLE 15
When considering whether to review the scope of universal service obligations, the Commission takes into account the following:
– evolution of society and the market with regard to the services used by consumers,
– evolution of society and the market with regard to the availability and choice of services offered to consumers,
– technological developments in the way services are provided to consumers.
When considering whether to modify or redefine the scope of universal service obligations, the Commission takes into account the following:
– are there specific services accessible to a majority of consumers and used by a majority of them? Is the absence of such services or their non-use by a minority of consumers a source of exclusion ?, and
– do the provision and use of specific services provide all consumers with a net general advantage justifying public intervention when the specific services are not provided to the public on normal commercial terms?
APPENDIX VI
INTEROPERABILITY OF CONSUMER DIGITAL TELEVISION EQUIPMENT REFERRED TO IN ARTICLE 24
1. Common scrambling algorithm and unencrypted reception
All consumer equipment intended for the reception of digital television signals which is sold, rented or otherwise made available in the Community and which is capable of descrambling digital television signals must be capable of:
– descrambling these signals according to the common European scrambling algorithm administered by a recognized European standardization body, currently ETSI,
– to reproduce signals which have been transmitted in the clear, provided that, in the event that the equipment in question is rented, the lessee complies with the applicable rental contract.
2. Interoperability of analogue and digital television receivers
Any analogue television receiver equipped with an integral display screen with a visible diagonal greater than 42 centimeters and which is placed on the market for sale or rental in the Community must have at least one socket open interface, standardized by a recognized European standardization body, conforming, for example, to the Cenelec standard EN 50 049-1: 1997, allowing the simple connection of peripheral equipment, in particular additional decoders and digital receivers.
Any digital television receiver equipped with an integral display screen with a visible diagonal greater than 30 centimeters and which is placed on the market for sale or rental in the Community must have at least one socket open interface (standardized by a recognized European standardization body or in accordance with a standard adopted by such a body, or in accordance with a specification accepted by the entire industrial sector concerned), for example the DVB common interface connector, enabling the simple connection of peripheral equipment and capable of transferring all elements of a digital television signal, including information relating to interactive and conditional access services.
APPENDIX VII
CONDITIONS APPLICABLE TO THE MINIMUM SET OF LEASED LINES REFERRED TO IN ARTICLE 18
Note:
In accordance with the procedure referred to in Article 18, the provision of the minimum set of leased lines under the conditions laid down in Directive 92/44 / EC shall continue until the national regulatory authority finds that competition on the relevant market for leased lines is real.
National regulatory authorities shall ensure that the provision of the minimum set of leased lines referred to in Article 18 obeys the fundamental principles of non-discrimination, cost-based pricing and transparency.
1. Non-discrimination
National regulatory authorities shall ensure that undertakings deemed to have significant market power under Article 18 (1) adhere to the principle of non-discrimination when providing leased lines referred to in Article 18. These undertakings must, in similar circumstances, apply similar conditions to other undertakings providing the same type of services and lease to others, under identical conditions, lines of equivalent quality to that which they provide for their own services or, the where applicable, for those of their subsidiaries or partners.
2. Cost-based pricing
National regulatory authorities shall ensure, where appropriate, that the prices of the leased lines referred to in Article 18 comply with the fundamental principle of cost-based pricing.
To this end, they shall ensure that undertakings deemed to have significant market power under Article 18 (1) develop and apply an appropriate system of cost accounting.
The national regulatory authorities shall make available sufficiently detailed information on the cost accounting systems applied by these companies. On request, they provide this information to the Commission.
3. Transparency
National regulatory authorities shall ensure that the following information concerning the minimum set of leased lines referred to in Article 18 is published in an easily accessible form.
3.1. Technical characteristics, including physical and electrical, as well as detailed technical and performance specifications applicable to the network termination point.
3.2. Tariffs, including connection charges, periodic rental charges and other charges. If the rates vary, this should be specified.
When, in response to a particular request, an undertaking deemed to have significant market power under Article 18 (1) considers it unreasonable to provide a leased line under the minimum package according to the tariffs and supply conditions that it has published, it must seek the agreement of the national regulatory authority to modify these conditions.
3.3. The conditions of supply, including at least the following:
– information relating to the ordering procedure,
– the standard delivery period, that is to say the period, calculated from the date on which the user has made a firm request to lease a line, during which 95% of all leased lines of the same type were made available to customers.
This period is determined on the basis of the actual delivery times for leased lines recorded during a recent period of sufficient duration. The calculation should not take into account cases where users have requested a longer delivery period,
– the contractual period, which includes the period generally fixed by the contract and the minimum contractual period that the user is required to accept,
– the standard repair period, which corresponds to the period running from the moment when the responsible unit of the undertaking considered to be powerful on the market under the terms of Article 18 (1) receives a message indicating a fault and until ‘by the time 80% of all leased lines of the same type have been reestablished and, in some appropriate cases, users have been notified of their reestablishment. In cases where, for the same type of leased lines, repair services of different qualities are offered, the different standard repair times are published,
– any reimbursement procedure.
In addition, when a Member State considers that the actual performance of the provision of the minimum set of leased lines does not meet the needs of the users, it may assign targets suited to the conditions of provision listed above.
