Annexes to COM(1995)545 - Common framework for general authorizations and individual licences in the field of telecommunications services - Main contents

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dossier	COM(1995)545 - Common framework for general authorizations and individual licences in the field of telecommunications services.
document	COM(1995)545
date	April 10, 1997

ANNEX

CONDITIONS WHICH MAY BE ATTACHED TO AUTHORIZATIONS

1. Any conditions which are attached to authorizations must be consistent with the competition rules of the Treaty.

2. Conditions which may be attached to all authorizations, where justified and subject to the principle of proportionality:

2.1. conditions intended to ensure compliance with relevant essential requirements;

2.2. conditions linked to the provision of information reasonably required for the verification of compliance with applicable conditions and for statistical purposes;

2.3. conditions intended to prevent anti-competitive behaviour in telecommunications markets, including measures to ensure that tariffs are non-discriminatory and do not distort competition;

2.4. conditions relating to the effective and efficient use of the numbering capacity.

3. Specific conditions which may be attached to general authorizations for the provision of publicly available telecommunications services and of public telecommunications networks that are required for the provision of such services, where justified and subject to the principle of proportionality:

3.1. conditions relating to the protection of users and subscribers in relation particularly to:

- the prior approval by the national regulatory authority of the standard subscriber contract,

- the provision of detailed and accurate billing,

- the provision of a procedure for the settlement of disputes,

- publication and adequate notice of any change in access conditions, including tariffs, quality and the availability of services;

3.2. financial contributions to the provision of universal service, in accordance with Community law;

3.3. communication of customer database information necessary for the provision of universal directory information;

3.4. provision of emergency services;

3.5. special arrangements for disabled people;

3.6. conditions relating to the interconnection of networks and the interoperability of services, in accordance with the Interconnection Directive and obligations under Community law.

4. Specific conditions which may be attached to individual licenses, where justified and subject to the principle of proportionality:

4.1. specific conditions linked to the allocation of numbering rights (compliance with national numbering schemes);

4.2. specific conditions linked to the effective use and efficient management of radio frequencies;

4.3. specific environmental and specific town and country planning requirements, including conditions linked to the granting of access to public or private land and conditions linked to collocation and facility sharing;

4.4. maximum duration, which shall not be unreasonably short, in particular in order to ensure the efficient use of radio frequencies or numbers or to grant access to public or private land, without prejudice to other provisions concerning the withdrawal or the suspension of licences;

4.5. provision of universal service obligations in accordance with the Interconnection Directive and Directive 95/62/EC of the European Parliament and of the Council of 13 December 1995 on the application of open network provision (ONP) to voice telephony (1);

4.6. conditions applied to operators having significant market power, as notified by Member States under the Interconnection Directive, intended to guarantee interconnection or the control of significant market power;

4.7. conditions concerning ownership which comply with Community law and the Community's commitments vis-à-vis third countries;

4.8. requirements relating to the quality, availability and permanence of a service or network, including the financial, managerial and technical competence of the applicant and conditions setting a minimum period of operation and including, where appropriate and in accordance with Community law, the mandatory provision of publicly available telecommunications services and public telecommunications networks;

4.9. specific conditions relating to the provision of leased lines in accordance with Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines (2).

This list of conditions shall be without prejudice to:

- any other legal conditions which are not specific to the telecommunications sector,

- measures taken by Member States in accordance with public interest requirements recognized by the Treaty, in particular Articles 36 and 56, specifically in relation to public morality, public security, including the investigation of criminal activities, and public policy.

(1) OJ No L 321, 30. 12. 1995, p. 6.

(2) OJ No L 165, 19. 6. 1992, p. 27. Directive as amended by Commission Decision 94/439/EC (OJ No L 181, 15. 7. 1994, p. 40).