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Wednesday, April 01, 2009

Monica Horten provides the new text on Universal Service

As ever, its really up to the NRAs to decide how much they want to introduce transparency and police ISP information, with references put in on co- and self-regulation, but this is apparently what the law will look like (red represents amendments by IMCO Committee):

Article 20.1

1. Member States shall ensure that, when subscribing to services providing connection

to a public communications network and/or publicly available electronic

communications services, consumers, and other end-users so requesting, have a right

to a contract with an undertaking or undertakings providing such connection and/or

services. The contract shall specify in a clear, comprehensive and easily accessible

form at least:

(b)

- information on any other conditions limiting access to and/or use of services

and applications, where such conditions are allowed under national law in

accordance with Community law,

- the minimum service quality levels offered, namely the time for the initial

connection and, where appropriate, other quality of service parameters, as

defined by the national regulatory authorities,

- information on any procedures put in place by the provider in order to

measure and shape traffic so as to avoid filling or overfilling a network link,

and on how these may impact on service quality,

Member States may also require that the contract include any information which may

be provided by the relevant public authorities for this purpose on the use of electronic

communications networks and services to engage in unlawful activities or to

disseminate harmful content, and on the means of protection against risks to personal

security, privacy and personal data, referred to in Article 21(4)(a) and relevant to the

service provided.

CA5

Article 21.3

3. Member States shall ensure that national regulatory authorities are able to oblige

undertakings providing public electronic communications network and/or publicly

available electronic communications services to inter alia:

(b) inform subscribers of any change to the conditions limiting access to

and/or use of services and applications, where such conditions are allowed

under national law in accordane with Community law,

(c) information on any procedures put in place by the provider in order to

measure and shape traffic so as to avoid filling or overfilling a network link,

and on how these may impact on service quality,

If deemed appropriate, national regulatory authorities may promote self- or

co-regulatory measures prior to imposing any obligation.

4. Member States may require that undertakings referred to in paragraph 3 distribute

public interest information free of charge to existing and new subscribers, where

appropriate, through the same means as those ordinarily used by undertakings for their

communications with subscribers and free of charge. In such a case, that information

shall be provided by the relevant public authorities in a standardised format and shall,

inter alia, cover the following topics:

(a) the most common uses of electronic communications services to engage in

unlawful activities or to disseminate harmful content, particularly where it

may prejudice respect for the rights and freedoms of others, including

infringements of copyright and related rights, and their legal consequences;

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