Key Benefits:
Decision of 7 May 2004, laying down rules on universal service and final user interests (universal service provision and final user interests)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Economic Affairs of 10 July 2003, No WJZ 3025210 and WJZ 3025247;
Having regard to Directive No 2002 /22/EC from the European Parliament and the Council of the European Union of 7 March 2002 on universal service and users ' rights relating to electronic communications networks and services (Universal Service Directive) (PbEG L 108), Directive No 2002 /58/EC of the European Parliament and of the Council of the European Union of 12 July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector (PbEG L 201), and the Articles 7.4, 3rd and 4th Member , 7.5 , 7.6, 2nd Member , 7.8 , 9.1, second and fourth members , 9.2, second member , 9.4, 1st Member , 12.1 , 18.2 and 18.12 of the Telecommunication Act ;
The Council of State heard (opinions delivered on 14 August 2003, No W10.03.0310/II and 25 September 2003, No W10.03.0309/II);
Having regard to the further report of our Minister of Economic Affairs of 3 May 2004, No WJZ 4028408;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Telecommunications law ;
b. Residential core: contiguate conversions within a single municipality;
c. telephone number: number from one by our Minister pursuant to Article 4.1, first paragraph, of the Act the number plan established or the European telephone numbering area which may be used for the reception of calls under its intended purpose and which, if the number user is also a provider of electronic communications services, is not is used to provide access to those electronic communications services;
d. standard phone guide: generally available subscription list in which only telephone numbers can be searched using information concerning the name in combination with address and house number information, postal code or place of residence of the subscriber;
e. standard subscriber information service: generally available subscriber information service with which only telephone numbers can be requested using information relating to the name in combination with address and house number information; Postal code or residence of the subscriber;
f. Semaphone service: public wireless electronic communications service enabling individual subscribers or groups of subscribers to be alerted or to be sent messages to them;
g. ERMES: system for a public pan-European paging service to be based, as defined in the Annex to Recommendation No 90 /543/EEC of the Council of the European Communities of 9 October 1990 on the coordinated introduction of a public pan-European radio paging service in the Community (PbEG L 310);
(h) telex service: commercial operation for the public of direct transport of telex services in accordance with Recommendation I 240 of the International Consultative Commission on 25 November 1998 on the provision of telexes directly Telegraphy and telephony (CCITT) to and from network termination points of a public electronic communications network, of which any user of equipment connected to such a network connection can make use of the equipment with another network connection point to communicate;
(i) carrier service: electronic communications service, other than the public telephone service, available to the public for outgoing calls;
j. Special access number: Number from the Number Plan telephone and ISDN services or an international number which uses a specific feature for access to that number in a peripheral device of the end-user being offered by a provider other than the provider of a public electronic communications service providing the end user with access to the numbering plan numbers of telephone and ISDN services or international numbers;
k. mediation service: general available service through which conversion of real-time text or image of sign language, possibly supported by speech, by speech and speech to real-time text or image of sign language, supported, if appropriate, by speech can be conducted between an end user who uses text or display telephony and, on the other hand, an end user who uses regular telephony;
l. real-time text: character for signal transmitted and received text;
m. Sign Language: Dutch Gebarentaal and Dutch with Bearing.
The connection to the public electronic communications network at a fixed location, intended to be used in Article 9.1, first paragraph, part a, of the Act , provides the possibility of data communication with data rates that are sufficient for functional access to the Internet.
In a residential core with more than 5000 inhabitants, at least one public pay telephone is per 5000 inhabitants.
1 Without prejudice Article 11.6 of the Act , telephone guides, intended to be included Article 9.1, first paragraph, parts c and d, of the law , and the subscriber file specified for the subscriber information service, intended in Article 9.1, first paragraph, part (e) of the Act , it is used, the data of subscribers to which a telephone number has been allocated.
2 The information referred to in paragraph 1 shall in any event consist of: the name of the subscriber concerned and his address and house number, postal code, place of residence and telephone numbers.
3 For inclusion of the data referred to in the second paragraph, in the telephone directory or in the subscriber file used for the subscriber information service, no charges shall be charged.
4 The telephone directory shall be updated at least once a year.
5 Subscriber file used for the subscriber information service shall be updated at least once a week.
1 The in Article 9.1, first paragraph, part (f) of the Act said service that enables end users with auditory limitation or speech restriction to access the services mentioned in Article 9.1, first paragraph, part b and e, of the Act is the mediation service.
2 The Conciliation Service shall support the standards laid down by Ministerial Regulations.
The conciliation service shall make provision for the facilities necessary to give priority to calls from end-users with an auditory limitation or speech limitation to emergency numbers.
4 In the case of ministerial arrangements, requirements may be made to the accessibility of the conciliation service, including the calls to be provided, the opening hours and the waiting period for the commencement of a call to be provided by the service. Different demands can be made in terms of means of call for talks in real time text and sign language on the other.
1 The in Article 9.1, first paragraph, part (f) of the Act said service that allows end-users with a visual restriction, access to the service mentioned in Article 9.1, first paragraph, part d, is the subscriber information service.
2 In the case of Ministerial Regulations, the quality of the subscriber information service for end-users with a visual restriction may be required.
Under ministerial arrangements, other than those in the Articles 2.1 to 2.3b provided that the rules are laid down in respect of the quality of the products in question. Article 9.1, first paragraph, of the Act said services.
1 The rate for the first connection to the public electronic communications network at a fixed location, intended in Article 9.1, first paragraph, part a, of the Act , is a one-time thing and, based on the cost, is no higher than reasonable.
2 By way of derogation from paragraph 1, tariffs may be fixed by ministerial arrangement for certain categories of end-users, which may be charged to them at most.
3 Consumers may in relation to access to the public electronic communications network and delivery of the public telephone service, intended Article 9.1, first paragraph, points (a) and (b) of the Act From the first connection, choose from one of the following forms of subscription:
a. a subscription, of which the monthly rate that is independent of use, and the usage-dependent rates, each separately, based on the cost of delivery of the public telephone service through a fixed network, not higher than reasonable;
b. a availability subscription, of which the monthly rate that is independent of use, and the usage-related rates do not exceed an amount to be set by ministerial arrangement.
4 For end-users other than consumers, the subscription of the subscription referred to in paragraph 3 (a) shall be available.
5 The rates referred to in paragraph 3 (b) shall be adjusted annually to the Consumer Price Index by 1 April each year.
6 The provider that Article 9.2 of the Act It is appropriate not to comply with the monthly rate applicable to consumers who are also subscribed to a carrier service under the third paragraph, subparagraph (b).
1 The rates of access to a public pay phone, intended in Article 9.1, first paragraph, part c, of the Act on the basis of the costs, do not exceed reasonable costs.
2 The rate for the phone guide, intended in Article 9.1, first paragraph, part d, of the Act and for the subscriber information service, referred to in Article 9.1, first paragraph, part (e) of the Act, on the basis of the costs, shall not exceed reasonable costs.
3 The rate of use of the subscriber information service for end-users with a visual restriction is not higher for the end user than the rate for calling to a geographical number.
The tariff for a conversation mediated by the conciliation service is not higher for the end user than the rate for calling to a geographical number.
The provider that is Article 9.2 of the Act is designated, does not require payment for any services or facilities that are not required for the use of the requested service.
1 The provider of public telephone services at a fixed location that Article 9.2 of the Act is designated, charges in its catchment area to consumers for the first connection at a fixed location a uniform rate.
2 The provider may charge a different uniform rate for the connection to a fixed location via a mobile network than for connection through a fixed network.
3 The provider may charge a lower uniform rate, if the consumer is already connected to a fixed location via the fixed network at this provider and who wants to take the service from a different address and the provider can make use of an existing one affiliation to supply that service to him.
The provider of public telephone services at a fixed location that Article 9.2 of the Act is designated, where this provides the public telephone service through a mobile network, may be a different rate structure than the one in Article 2.5, third paragraph, parts a and b , described tariff structure, provided that in that case consumers can choose from one of the following subscription forms:
a. a subscription fee, where the consumer is not charged a higher amount per year than on the basis of Article 2.5, third paragraph, part a , would be permitted;
b. a reachability subscription, where the consumer is not charged a higher amount per year than on the basis of Article 2.5, third paragraph, part b It would be allowed.
The provider of telephone directories or the subscriber information service provided under Article 9.2 of the Act has been designated, has been obliged to treat the information provided to him non-discriminatable.
1 In order to enable subscribers to control and control their expenses and avoid an unwarranted disruption of service delivery, under ministerial arrangement providers will be provided under the agreement. Article 9.2 of the Act shall be required to provide services or facilities as referred to in Annex I, Part A, to Directive No 2002 /22/EC to be delivered.
2 By ministerial arrangement rules may be set about the suspension or termination of the delivery of its public electronic communications service by a provider of public electronic communications services. The rules may relate to obligations to which the provider must comply before he may suspend or terminate the service. They may also imply that the provision of services in cases described under the scheme must be maintained in whole or in part.
The provider of the conciliation service under Article 9.2, first paragraph, of the Act has been designated, provided to consumers in a clear, comprehensive and comprehensible manner the information to be determined by ministerial arrangement.
For the purposes of this paragraph and the provisions based thereon, the following definitions shall apply:
- contribution: contribution referred to in Article 9.5, first paragraph, of the Act ;
- Provider: undertaking providing publicly available electronic communications services, public electronic communications works or associated facilities;
- turnover: revenue as referred to in Article 12, first paragraph, of the Decision to pass on the calculation of costs .
1 For the determination of the amount of the contribution, the fee shall be referred to: Article 9.4, fourth paragraph, of the Telecommunications Act They shall be allocated to the suppliers in proportion to their turnover. The Articles 12, 4th paragraph , and 13 of the Decision to pass on costs ACM shall be applicable mutatis mutandis.
2 In the case of a ministerial arrangement, the turnover shall not be charged to a supplier under any turnover.
3 When applying the first and second paragraphs, it shall be based on the turnover data provided for by Article 12a of the Decision to pass on the calculation of costs have been provided.
4 The applicant shall pay the contribution within 30 days of receipt of the decision setting the amount of the contribution.
A provider using phone numbers meets all reasonable requests for, for the purposes of providing publicly available phone guides and generally available subscriber information services, the relevant information in a customer. to make available the agreed format on fair, objective, cost-oriented and non-discriminatory conditions.
1 A public telephone service provider requesting a user's name, address and house number, postal code and place of residence, before or when entering into an agreement with a user, also authorises the inclusion of these types of personal data, and telephone numbers in each standard phone guide and any subscriber file that is used for a standard subscriber information service. The consent referred to in the preceding sentence shall be requested by type of person given separately.
2 The given consent is relevant information as intended Article 3.1 .
3 A public telephone service provider that also requests permission for inclusion in a phone directory other than the standard phone directory or a subscriber file not exclusively used for the standard subscriber information service, ensures the manner in which and the form in which the consent referred to in paragraph 1 is sought is at least equal to the manner in which and the form in which the consent referred to in this paragraph is sought.
The Subscriber Information Service, intended to Article 7.6 of the Act , complies with the requirements set out in Article 2.3 .
As public electronic communication services as intended Article 12.1 of the Act shall be designated:
a. Semaphone services, including ERMES services;
b. telex services;
c. carrier services.
1 As categories of numbers, intended Article 12.1, second paragraph, of the Act shall be designated:
a. Numbers falling within the series 0906, 0909 and 18 from the telephone and ISDN telephone number plan:
b. Numbers belonging to the series 0900 from the numbering plan telephone and ISDN services and used for the provision of a service attached to the call, to the extent that an additional fee is charged above the rate for the service of the transmission of electronic signals;
c. Special access numbers, except for geographical numbers, numbers from the range 0670 to 0679 and numbers as referred to in points (a) and (b) of this paragraph.
2 The period specified in Article 12.1, second paragraph, of the Act , includes for number users:
a. The period during which a number is in use given to the number user, extended by three months; and
b. the period during which a dispute against the number user is pending against a dispute settlement committee referred to in that paragraph, in so far as the complaint, the dispute of which is the result, has been filed in the period referred to in point (a).
1 Under ministerial arrangements, carrier service providers may be required to provide consumers with adequate information on their rates and other items to be determined by that arrangement.
2 By ministerial arrangement, providers of carrier service providers and providers of public electronic communications networks used for the provision of carrier services may be subject to obligations on bidding. consumers of number identification as intended Article 1.1 (cc) (1 °) of the Act .
3 By ministerial arrangement Article 7.4, first paragraph, of the Act shall be applied mutatis mutandis to fixed carrier service providers. Article 7.4, second paragraph, of the Act shall apply mutatis mutandis.
1 By ministerial arrangement rules may be laid down on:
(a) to publish information on the applicable tariffs by providers of public electronic communications services and providers of public electronic communications networks;
b. to provide a consumer with information on the use of public electronic communications services by providers of public electronic communications services;
c. The display of numbers by providers of publicly available electronic communications services;
d. provide the consumer with a provision for the limits of the use of public electronic communications services by providers of public electronic communications services;
e. the consequences of a written challenge by a consumer of the account of a provider of a public electronic communications service delivered to end users or of a number user, as well as the consequences of a the dispute procedure in which the consumer disputes this account.
2 The rules referred to in points (a) and (b) of paragraph 1 may vary for the categories of numbers to be determined by that scheme.
3 The rules referred to in paragraph 1 may vary according to the categories of providers of public electronic communications services to be determined by that scheme.
1 Provide a provider of a public electronic communications service or a public electronic communications network with regard to the services provided by it, as referred to in Article 7.1, first paragraph, part b, of the Act In any case, the following information:
a. The provision of access to emergency numbers and details of the location of the caller, and any limitations of access to emergency numbers;
b. restrictions on access to or use of services and applications;
c. the wait time at first connection and other minimum quality levels of the services provided;
d. measures to measure and steer traffic with the aim of preventing a network connection from being filled or overflowing to its maximum, and the way in which these procedures may affect the quality of service;
e. types of maintenance services, the customer services provided, and the manner in which contact may be made to these services;
f. Any restrictions on the use of delivered terminal equipment.
2 A provider of a public electronic communications service or a public electronic communications network shall be provided with respect to the Article 7.1, first paragraph, part d, of the Act the conditions under which the services are provided by him may be renewed or terminated in any event:
a. the minimum use or the minimum period of use required to be enjoyed by special offers;
b. All costs relating to the portability of numbers and other identifiers;
c. all costs due upon termination of the contract.
3 Under ministerial arrangements, rules may be laid down as to the content and layout of the information referred to in paragraphs 1 and 2.
The following Article 2.11 -obligations laid down in Annex I, Part A, part E, to Directive No 2002 /22/EC and apply for the Article 9.2 of the Act Designated provider of public telephone service at a fixed location shall apply mutatis mutandis to providers of publicly available electronic communications services providing the end user with access to numbers from the telephone number plan. and ISDN services or international numbers, with the exception of carrier service providers.
1 By ministerial arrangement, rules may be laid down for number users on:
a. The tarification of a call to a number;
b. to disclose information about the tarification of a call to a number:
c. The representation of a number;
d. use of a number;
e. access to a number;
f. the duration of a call to a number.
2 The rules referred to in paragraph 1 may vary according to the categories of numbers to be determined by that scheme.
1 As conduct related to the apparent misuse of the charging of a number it shall be designated prior to a call:
a. Providing factually incorrect information or information that misleads or may mislead the average consumer as intended article 193c, first paragraph, and second member, part b, of Book 6 of the Civil Code ,
b. omit the omission of essential information as intended Article 193d, 2nd paragraph, of Book 6 of the Civil Code
to the extent that such information does not concern the content of the service or product attached to a call.
2 The first paragraph shall apply to numbers from categories 0900 and 18.
1 A subscriber from a public telephone service or a carrier service shall have the right to indicate to his offeror that his number is on notes for the provision of electronic communications services, indicating the use of the call Numbers, should be shielded.
2 A provider as referred to in the first paragraph shall ensure that the other providers are informed of the numbers that need to be shielded. The former provider shall ensure the accuracy, completeness and timeliness of the information provided. This information will be limited to an overview of the numbers to be listed.
3 All providers shall give effect as soon as possible and at the latest of the invoice period following that which the request was made to the subscriber's request.
4 Screening of a number as referred to in paragraph 1 shall be carried out either by omit or without any recognition of the last four digits of the number.
5 Each provider is committed to its own subscriber to ensure that foreclosure as referred to in the first paragraph, both in terms of shielding on notes issued by the relevant provider itself, as well as on memos provided by the user, is required to ensure that other providers are being released, it is being implemented.
6 The exercise of the right referred to in the first paragraph shall be free of charge.
A ministerial arrangement lays down rules on the accuracy and reliability of the rules on the ground of Article 11.10, first and second paragraph, of the Act information to be provided.
The Decision on universal service , the Decision ONP leased lines and telephony and the Decision on designation of public telecommunications services (Dispute Settlement) shall be withdrawn.
This Decision shall enter into force with effect from the date on which the Law implementing European regulatory framework for the electronic communications sector 2002 enters into force.
This decision is cited as: Decision universal service and final user interests.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 7 May 2004
Beatrix
The Minister for Economic Affairs,
L. J. Brinkhorst
Issued on the 18th of May 2004The Minister of Justice,
J. P. H. Donner
