PRESENTATION ON THE UNIVERSAL SERVICES DIRECTIVE IBE CHIZOBA FRANCISCA AIHEVBA

1. PRESENTATION ON THE UNIVERSAL SERVICES DIRECTIVEIBE CHIZOBA FRANCISCA AIHEVBA

2. Main parts of the Directive • Scope and aim of the Directive • Obligations on operators under the Directive • Further Obligations • Procedural Provisions • General Provisions

3. 1. THE MAIN PARTS OF THE UNIVERSAL SERVICES DIRECTIVE • The Directive is made up of 5 parts or Chapters • Chapter 1: Scope, Aim and Definitions • Chapter 2: Universal Services Obligations including Social Obligations • Chapter 3: Regulatory Control over undertakings with Significant Market Power • Chapter 4: End-user Interests and Rights • Chapter 5: General and Final Provisions • The Directive also contains 7 Annexes which shed light on specific sections of the Directive.

4. 2. SCOPE AND AIM OF THE UNIVERSAL SERVICES DIRECTIVE • Article 1 • SCOPE The Universal Services Directive… • defines the minimum set of services of specified quality to which end users have access, at an affordable price in the light of specific national condition, without distorting competition – Article 1(2) • sets out obligations with regard to the provision of certain mandatory services concerned with the provision of publicly available telephone services at fixed locations. – Article 1(2) and Recital 5. • AIM The Universal Services Directive seeks to… • ensure the provision of electronic communications networks and services to end users. -Article 1(1) • ensure the availability of good quality publicly available services through effective competition and choice – Article 1(1) • deal with circumstances in which the needs of end-users are not satisfactorily met by the market. –Article 1(1)

5. 3. OBLIGATIONS UNDER THE UNIVERSAL SERVICES DIRECTIVE • Chapter 2 - The Universal Services Obligation. • Article 3 – Lays down the main obligation under the Directive which is the availability of Universal service i.e. to provide end users on request with a connection to the public telephone network at a fixed location. Such connection should be: • Available to all users regardless of geographical location • Of the same quality • At an affordable Price Note:Under Article 3(2), in performing the universal service obligation, member states are obliged to respect the principles of non-discrimination, objectivity, transparency and proportionality whilst minimising market distortions and safeguarding public interest.

6. Article 7: Special measures for disabled end-users • Article 9: Affordability of tariffs -Provision of tariff options or packages to consumers in order to accommodate all income levels and special social needs (Article 9 (2). • Article 10: Control of expenditure • - free itemised billing to enable subscribers monitor and control expenditure (Article 10(2) and Annex I Part A. • - Free selective Call Barring • - Pre-payment systems • - Phased payment of connection fees

7. 4. FURTHER OBLIGATIONS UNDER THE UNIVERSAL SERVICES DIRECTIVE • OBLIGATIONS UNDER THE ONP FRAMEWORK • Under Article 16 of the Universal services Directive member states are required to maintain obligations under, • Article 17 of the Voice Telephony Directive i.e. retail tariffs • Carrier Selection or pre-selection obligations under the Interconnection Directive as amended, and • Articles 3, 4, 6, 7, 8, and 10 of the Leased lines Directive until the NRA determines in accordance with the procedure set out in the Framework Directive to that such obligations are no longer necessary and therefore decides to amend or withdraw them. ( Recital 28)

8. B. OBLIGATIONS ON UNDERTAKINGS WITH SIGNIFICANT MARKET POWER (SMP) • Articles 17 and 18 give the NRA the power to impose appropriate obligations on undertakings with SMP in order to achieve effective competition e.g. obligations to prevent excessive pricing, inhibition of market entry undue preference e.t.c. • Article 17: Undertakings with SMP in the retail services Market • Article 18: Undertakings with SMP in the market for provision of minimum set of leased lines • Under Article 19 the NRA may require undertakings with SMP to grant their subscribers access to the services of any interconnected provider of publicly available telephone services through carrier selection or pre-selection.

9. C. OTHER OBLIGATIONS • Article 11 (1) - Publication of adequate and up to date information concerning performance of designated undertakings in the provision of universal service based on the parameters set out in Annex III • Must Carry Obligations – Article 31 - Undertakings providing electronic communication networks used for the distribution of radio and television broadcasts to a significant number of end users who use them as their principal means to receive radio and television broadcasts may be obliged to transmit specified radio and television broadcast channels where necessary and for a given period. to transmit specified radio and television broadcast channels

10. 5. PROCEDURAL PROVISIONS • Article 36 lays down procedures for notification and monitoring of the Commission in order to ensure the monitoring of specific undertakings i.e. • Art. 36(1): Undertakings designated as having universal service obligations • Art. 36(2): Undertakings deemed to have significant market power • Article 36(3) lays down procedures for a review of the Universal Services Directive by the Commission. • Annex I provides the procedure for interruption of service in the event of non- payment of telephone bills. • Annex IV provides the procedure for calculating net cost of provision of universal service obligations pursuant to Articles 12 and 13. • Annex V provides the procedure for the Commission to determine if a review of the scope of universal services obligations is necessary under Article 15

11. 6. GENERAL PROVISIONS • Articles 32 – 40 contain general provisions relating to the provision of Universal services. • Art. 32: Empowers member states to decide to make additional services publicly available in their territory • Art. 33: Provides for consultation with interested parties where necessary • Art. 34: Provides for out of court dispute resolution • Art 35: Empowers the Commission to make adjustments to Annexes I, II, III, VI VII in order to adapt them to technological developments. • Art. 37: Refers to the Communications Committee set up under Art. 22 of the Framework Directive. • Art 38: Sets a date for Member states to comply with the Directive • Art 39: Provides the date of entry into force of the Directive.