Legal provisions of SEC(1993)1891 - - Main contents
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| dossier | SEC(1993)1891 - . |
|---|---|
| document | SEC(1993)1891 |
| date | October 13, 1994 |
Article 1
(a) The last sentence of the first indent is replaced by the following:
'Terminal equipment also means satellite earth station equipment'.
(b) The following indents are added after the second indent:
'- 'special rights' means rights that are granted by a Member State to a limited number of undertakings, through any legislative, regulatory or administrative instrument, which, within a given geographical area,
- limits to two or more the number of such undertakings, otherwise than according t objective, proportional and non-discriminatory criteria, or
- designates, otherwise than according to such criteria, several competing undertakings, or
- confers on any undertaking or undertakings, otherwise than according to such criteria, any legal or regulatory advantages which substantially affect the ability of any other undertaking to import, market, connect, bring into service and/or maintain telecommunication terminal equipment in the same geographical area under substantially equivalent conditions;
- 'satellite earth station equipment' means equipment which is capable of being used for the transmission only, or for the transmission and reception ("transmit/receive"), or for the reception only ("receive-only") of radiocommunication signals by means of satellites or other space-based systems'
2. The first paragraph of Article 2 is replaced by the following text.
'Member States which habe granted special or exclusive rights to undertakings shall ensure that all exclusive rights are withdrawn, as well as those special rights which
(a) limit two or more the number of undertakings within the meaning of Article 1, otherwise than according to objective, proportional and non-discriminatory criteria, or
(b) designate, otherwise than according to such criteria, several competing undertakings within the meaning of Article 1.'
3. The first indent of Article 3 is replaced by the following text:
'- in the case of satellite earth station equipment, refuse to allow such equipment to be connected to the public telecommunications network and/or to be brought into service where it does not satisfy the relevant common technical regulations adopted in pursuance of Council Directive 93/97/EEC (8)() or, in the absence thereof, the essential requirements laid down in Article 4 of that Directive. In the absence of common technical rules of harmonized regulatory conditions, national rules shall be proportionate to those essential requirements and shall be notified to the Commission in pursuance of Directive 83/189/EEC where that Directive so requires.
- in the case of other terminal equipment, refuse to allow such equipment to be connected to the public telecommunications network where it does not satisfy the relevant common technical regulations adopted in pursuance of Council Directive 91/263/EEC (9)() or, in the absence thereof, the essential requirements laid down in Article 4 of that Directive.
'
Article 2
1. Article 1 is amended as follows:
(a) Paragraph 1 is amended as follows:
(i) the seconds indent is replaced by the following:
'- 'exclusive rights' means the rights that are granted by a Member State to one undertaking through any legislative, regulatory or administrative instrument, reserving it the right to provide a telecommunication service or undertake an activity within a given geographical area.';
(ii) The following is inserted as the third indent:
'- 'special rights' means the rights that are granted by a Member State to a limited number of undertakings through any legislative, regulatory or administrative instrument which, within a given geographical area,
- limits to two or more the number of such undertakings authorized to provide a service or undertake an activity, otherwise than according to objective, proportional and non-discriminatory criteria, or
- designates, otherwise than according to such criteria, several competing undertakings as being authorized to provide a service or undertake an activity, or
- confers on any undertaking or undertakings, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other undertaking to provide the same telecommunications service or to undertake the same activity in the same geographical area under substantially equivalent conditions.'
(iii) The fourth indent is replaced by the following:
'- 'telecommunications services' means services whose provision consists wholly or partly in the transmission and routing of signales on a public telecommunications network by means of telecommunications processes, with the exception of radio- and television-broadcasting to the public, and satellite services.'
(iv) the following indents are inserted after the fourth indent:
'- 'satellite earth station network' means a configuration of two or more earth stations which interwork by means by means of a satellite;
- 'satellite network services' means the establishment and operation of satellite earth station networks; these services consist, as a minimum, in the establishment, by satellite earth stations, of radiocommunications to space segment ("uplinks"), and in the establishment of radiocommunications between space segment and satellite earth stations ("downlinks");
- 'satellite communications services' means service whose provision makes use, wholly or partly, of satellite network services;
- 'satellite services' means the provision of satellite communications services and/or the provision of satellite networks services;'
(v) the second sentence of the sixth indent is replaced by the following text:
'Those reasons are security of network operations, maintenance of network integrity, and, in justified cases, interoperability of services, data protection and, in the case of satellite network services, the effective use of the frequency spectrum and the avoidance of harmful interference between satellite telecommunications systems and other space-based or terrestrial tecnical systems.'
(b) Paragraph 2 is replaced by the following:
'2. This Directive shall not apply to the telex service or to terrestrial mobile radiocommunications.'
2. Article 2 is amended as follows:
(a) The first paragraph is replaced by the following:
'Without prejudice to Article 1 (2), Member States shall withdraw all those measures which grant:
(a) exclusive rights for the supply of telecommunications services otherwise than voice telephony and
(b) special rights which limit to two or more the number of undertakings authorized to supply such telecommunication services, otherwise than according to objective, proportional and non-discriminatory criteria, or
(c) special rights which designate, otherwise than according to such criteria, several competing undertakings to provide such telecommunication services.
They shall take the measures necessary to ensure that any operator is entitled to supply any such telecommunications services, otherwise than voice telephony'.
(b) The following paragraphs are added:
'Member States shall communicate the criteria on which authorizations are granted, together with the conditions attached to such authorizations and to the declaration procedures for the operation of transmitting earth stations.
Member States shall continue to inform the Commission of any plans to introduce new licensing procedures or to change existing procedures'.
3. Article 6 is amended as follows:
(a) The following paragraphs are added after the second paragraph:
'Member States shall ensure that any fees imposed on providers of services as part of authorization procedures, shall be based on objective, transparent and non-discriminatory criteria.
Fees, the criteria upon which they are based, and any changes thereto, shall be published in an appropriate and sufficiently detailed manner, so as to provide easy access to that information.
Member States shall notify to the Commission no later than nine months after publication of this Directive, and thereafter whenever changes occur, the manner in which the information is made available. The Commission shall regularly publish references to such notifications.'
(b) The following paragraph is added:
'Member States shall ensure that any regulatory prohibition or restrictions on the offer of space-segment capacity to any authorized satellite earth station network operator are abolished, and shall autorize within their territory any space-segment supplier to verify that the satellite earth station network for use in connection with the space segment of the supplier in question is in conformity with the published conditions for access to his space segment capacity.'