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services through the implementation of open network provision
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7 Article 3 states that: they must be based on objective criteria; they must be transparent and published in an appropriate
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manner; and they must guarantee equality of access and must be nondiscriminatory, in accordance with Community law 8 Essential requirements are, according to article 2 (6), the non-economic reasons in the general interest which may cause a Member State to restrict access to the public telecommunications network or public telecommunications services These reasons are security of network operations, maintenance of network integrity and, in justi ed cases, interoperability of services and data protection Data protection may include protection of personal data, the con dentiality of information transmitted or stored, as well as the protection of privacy 9 Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines 10 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 11 Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorizations and individual licences in the eld of telecommunications services
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European Telecommunication Law and Community Networks
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a general principle, Member States shall ensure that telecommunications services and/or telecommunications networks can be provided either without authorization, or on the basis of general authorizations If an undertaking complies with the conditions attached to a general authorization- the conditions are to be published in an appropriate manner so as to provide easy access to that information for interested parties (article 4)-, Member States cannot prevent it from providing the intended telecommunications services (article 5) With Directive 97/33/EC,12 the problem of interconnection, universal service and interoperability of networks was addressed In 1998, Directive 95/62/EC was replaced by Directive 98/10/EC and added a regulatory framework to the liberalized voice telephony market13 Indeed, according to Recital (3), in moving to a competitive market, there are certain obligations which should apply to all organizations providing telephone services over xed networks, whereas there are others which should apply only to organizations enjoying signi cant market power or which have been designated as a universal service operator That required substantial modi cations to Directive 95/62/EC
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53 The New Regulatory Framework
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In 2002, the European Parliament and the Council adopted the New Regulatory Framework (NRF), replacing the Services and ONP Directives, because the preceding regulatory framework for telecommunications has been successful in creating the conditions for effective competition in the telecommunications sector during the transition from monopoly to full competition The objective of the new framework was to simplify and rationalize the existing regulations, developed over a decade of rapid change New technologies had evolved and the market was now populated by very different players [4] The NRF consists of a set of directives14 to replace the ONP Directives, a new Liberalization Directive15 which replaces the Services Directive, as amended by successive directives, and a directive on privacy and electronic communications16 The scope of the new regulations was signi cantly wider: whereas the previous regulatory framework concerned telecommunications services and networks, the new
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12 Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecom-
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munications with regard to ensuring universal service and interoperability through application of the principles of open network provision (ONP) 13 Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment 14 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) 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) Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users rights relating to electronic communications networks and services (Universal Service Directive) 15 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services 16 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)
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