Access and interconnection in Visual Studio .NET

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534 Access and interconnection
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The Access Directive applies to the provision of publicly available electronic communications services Non-public networks and services providing content are not covered by it The aim of the directive is to establish a regulatory framework, in accordance with internal market principles, for the relationships between suppliers of networks and services that will result in sustainable competition, interoperability of electronic communications services and consumer bene ts (article 1) [10, 11] Indeed, as Recital (6) points out, [i]n markets where there continue to be large differences in negotiating power between undertakings, and where some undertakings rely on infrastructure provided by others for delivery of their services, it is appropriate to establish a framework to ensure that the market functions effectively This is why National Regulatory Authorities should have the power to secure, where commercial negotiation fails, adequate access and interconnection and interoperability of services in the interest of end users In particular, they may ensure end-to-end connectivity by imposing proportionate obligations on undertakings that control access to end users According to article 4, [o]perators of public communications networks shall have a right and, when requested by other undertakings so authorized, an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services throughout the Community Article 5 regulates the powers of NRAs to encourage and, where appropriate ensure, access, interconnection and interoperability of services in a way that promotes ef ciency, sustainable competition, and gives the maximum bene t to end users More speci cally, the NRAs must have the power to impose obligations of transparency, requiring operators to make public speci ed information, such as accounting information, technical speci cations, network characteristics, terms and conditions for supply and use, and prices (article 9), and nondiscrimination, thereby ensuring that the operator applies equivalent conditions in equivalent circumstances to other undertakings providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services, or those of its subsidiaries or partners (article 10) NRAs have the power to impose on operators obligations to share facilities (article 12) and obligations relating to cost recovery and price controls, including obligations for cost
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24 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework
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for radio spectrum policy in the European Community (Radio Spectrum Decision), OJ 24/04/2002, L108 /1
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orientation of prices and obligations concerning cost accounting systems, for the provision of speci c types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end users (article 13)
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535 Universal service
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The problem of universal service was one of the major obstacles in the liberalization process, especially in voice telephony The Universal Service Directive (USD) addresses this issue The USD and compensation can have a deep impact on a competitive market Indeed, as stated by Recital (4) of the directive, the provision of a de ned minimum set of services to all end users at an affordable price may involve the provision of some services to some end users at prices that depart from those resulting from normal market conditions However, compensating undertakings designated to provide such services in such circumstances need not result in any distortion of competition, provided that designated undertakings are compensated for the speci c net cost involved and provided that the net cost burden is recovered in a competitively neutral way [12, 13] The aim of the directive is to ensure the availability throughout the Community of good quality publicly available services through effective competition and choice and to deal with circumstances in which the needs of end users are not satisfactorily met by the market (article 1(1)) In order to achieve these goals, the directive, establishes the rights of end users and the corresponding obligations on undertakings providing publicly available electronic communications networks and services , thus de ning a minimum set of services of speci ed quality to which all end users have access, at an affordable price in the light of speci c national conditions, without distorting competition (article 1(2)) According to article 4, Member States shall ensure that all reasonable requests for connection at a xed location to the public telephone network and for access to publicly available telephone services at a xed location are met by at least one undertaking The connection should allow end users to make and receive local, national and international telephone calls, facsimile communications and data communications, at data rates that are suf cient to permit functional Internet access (article 4(2)) The directive does not require a speci c amount of bandwidth to be provided Recital (7) clearly states that universal service is not extended to Integrated Service Digital Network (ISDN), and requires Member States to take 56 kbits of data rate, available with voice band modems, as a result to be achieved One or more undertakings can be designated to guarantee the provision of universal service Designation must be carried out with an ef cient, objective, transparent and nondiscriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated (article 8) The costs of universal service are calculated by the NRAs with parameters speci ed in article 12 Where they nd that an undertaking is subject to an unfair burden because of universal service provision, Member States, if requested by the designated undertaking, can transparently compensate it with public funds and/or share the net cost of universal service between electronic communications services and network providers (article 13) End users rights and interests are regulated by articles 20 31, and include transparency on prices and tariffs, quality of service requirements, interoperability of digital television
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