### in order to provide stability and support a gradual transition , member states should be able to continue to ensure the provision of universal services in their territory , other than functional internet access and voice communications services at a fixed location , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds as for the other universal service obligations . ### in order to provide stability and support a gradual transition , member states should be able to continue to ensure the provision of universal services in their territory , other than internet access and voice communications services at a fixed location , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . member states should be able to provide public pay telephones and communications access points in the main entry points of the country , such as airports or train and bus stations , as well as places used by people in cases of emergencies , such as hospitals , police stations and highway emergency areas , to meet the reasonable needs of end - users , including end - users with disabilities . allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds as for the other universal service obligations .


### in order to provide stability and support a gradual transition , member states should be able to continue to ensure the provision of universal services in their territory , other than functional internet access and voice communications services at a fixed location , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds as for the other universal service obligations . ### in order to provide stability and support a gradual transition , member states should be able to continue to ensure the provision of universal services in their territory , other than functional internet access and voice communications services at a fixed location and by way of mobile connection , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds as for the other universal service obligations .


### member states should monitor the situation of end - users with respect to their use of functional internet access and voice communications services and in particular with respect to affordability . the affordability of functional internet access and voice communications services is related to the information which users receive regarding usage expenses as well as the relative cost of usage compared to other services , and is also related to their ability to control expenditure . affordability therefore means giving power to consumers through obligations imposed on undertakings . these obligations include a specified level of itemised billing , the possibility for consumers selectively to block certain calls , the possibility for consumers to control expenditure via pre - payment means and the possibility for consumers to offset up - front connection fees . such measures may need to be reviewed and changed in the light of market developments . ### member states should monitor the situation of consumers with respect to their use of internet access and voice communications services and in particular with respect to affordability . the affordability of internet access and voice communications services is related to the information which consumers receive regarding usage expenses as well as the relative cost of usage compared to other services , and is also related to their ability to control expenditure . affordability therefore means giving power to consumers through obligations imposed on providers . these obligations include a specified level of itemised billing , the possibility for consumers selectively to block certain calls , the possibility for consumers to control expenditure via pre - payment means and the possibility for consumers to offset up - front connection fees . such measures may need to be reviewed and changed in the light of market developments .


### where the provision of functional internet access and voice communications services or the provision of other universal services in accordance with article 85 result in an unfair burden on an undertaking , taking due account of the costs and revenues as well as the intangible benefits resulting from the provision of the services concerned , that unfair burden can be included in any net cost calculation of universal obligations . ### where the provision of internet access and voice communications services or the provision of other universal services in accordance with article 82 result in an unfair burden on a provider , taking due account of the costs and revenues as well as the intangible benefits resulting from the provision of the services concerned , that unfair burden can be included in any net cost calculation of universal obligations .


### when a universal service obligation represents an unfair burden on an undertaking , it is appropriate to allow member states to establish mechanisms for efficiently recovering net costs . the net costs of universal service obligations should be recovered via public funds . functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole . providing a connection which supports broadband speeds to an increased number of end - users enables them to use online services and so actively to participate in the digital society . ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers . therefore member states should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds , which should be understood to comprise funding from general government budgets . ### when a universal service obligation represents an unfair burden on an undertaking , it is appropriate to allow member states to establish mechanisms for efficiently recovering net costs . the net costs of universal service obligations should be recovered via public funds . in exceptional cases , member states might adopt or maintain mechanisms to share the net cost of universal service obligations between providers of electronic communications networks or services and undertakings providing information society services . such mechanisms should be reviewed at least every three years with a view to determining which net costs should continue to be shared and which should be compensated from public funds . functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole . providing a connection which supports broadband speeds to an increased number of end - users enables them to use online services and so actively to participate in the digital society . ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers . therefore member states should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds , which should be understood to comprise funding from general government budgets .


### the completion of the single market for electronic communications requires the removal of barriers for end - users to have cross - border access to electronic communications services across the union . providers of electronic communications to the public should not deny or restrict access or discriminate against end - users on the basis of their nationality or member state of residence . differentiation should , however , be possible on the basis of objectively justifiable differences in costs and risks , which may go beyond the measures provided for in regulation 531 / 2012 in respect of abusive or anomalous use of regulated retail roaming services . ### the completion of the single market for electronic communications requires the removal of barriers for end - users to have cross - border access to electronic communications services across the union . providers of electronic communications to the public should not deny or restrict access or discriminate against end - users on the basis of their nationality , member state of residence or of establishment . differentiation should , however , be possible on the basis of objectively justifiable differences in costs and risks , which may go beyond the measures provided for in regulation 531 / 2012 in respect of abusive or anomalous use of regulated retail roaming services .


### divergent implementation of the rules on end - user protection has created significant internal market barriers affecting both providers of electronic communications services and end - users . those barriers should be reduced by the applicability of the same rules ensuring a high common level of protection across the union . a calibrated full harmonisation of the end - user rights covered by this directive should considerably increase legal certainty for both end - users and providers of electronic communications services , and should significantly lower entry barriers and unnecessary compliance burden stemming from the fragmentation of the rules . full harmonisation helps to overcome barriers to the single market resulting from such national end - user provisions which at the same time protect national providers against competition from other member states . in order to achieve a high common level of protection , several end - user provisions should be reasonably enhanced in this directive in the light of best practices in member states . full harmonisation of their rights increases the trust of end - users in the internal market as they benefit from an equally high level of protection when using electronic communications services , not only in their member state but also while living , working or travelling in other member states . member states should maintain the possibility to have a higher level of end - user protection where an explicit derogation is provided for in this directive , and to act in areas not covered by this directive . ### divergent implementation of the rules on end - user protection has created significant internal market barriers affecting both providers of electronic communications services and end - users . those barriers should be reduced by the applicability of the same rules ensuring a high common level of protection across the union . a calibrated full harmonisation of the end - user rights covered by this directive should considerably increase legal certainty for both end - users and providers of electronic communications services , and should significantly lower entry barriers and unnecessary compliance burden stemming from the fragmentation of the rules . full harmonisation helps to overcome barriers to the single market resulting from such national end - user provisions which at the same time protect national providers against competition from other member states . in order to achieve a high common level of protection , several end - user provisions should be reasonably enhanced in this directive in the light of best practices in member states . full harmonisation of their rights increases the trust of end - users in the internal market as they benefit from an equally high level of protection when using electronic communications services , not only in their member state but also while living , working or travelling in other member states . similarly , providers of electronic communications services should be assured that end - user provisions and general authorisation conditions are the same with regard to end - user provisions . member states should maintain the possibility to have a higher level of end - user protection where an explicit derogation is provided for in this directive , and to act in areas not covered by this directive .


### contracts are an important tool for end - users to ensure transparency of information and legal certainty . most service providers in a competitive environment will conclude contracts with their customers for reasons of commercial desirability . in addition to the provisions of this directive , the requirements of existing union consumer protection legislation relating to contracts , in particular directive 2011 / 83 / eu of the european parliament and of the council on consumer rights39 and council directive 93 / 13 / eec of 5 april 1993 on unfair terms in consumer contracts , apply to consumer transactions relating to electronic communications networks and services . __________________ 39 directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights , amending council directive 93 / 13 / eec and directive 1999 / 44 / ec of the european parliament and of the council and repealing council directive 85 / 577 / eec and directive 97 / 7 / ec of the european parliament and of the council . ### contracts are an important tool for end - users to ensure transparency of information and legal certainty . most service providers in a competitive environment will conclude contracts with their customers for reasons of commercial desirability . in addition to the provisions of this directive , the requirements of existing union consumer protection legislation relating to contracts , in particular directive 2011 / 83 / eu of the european parliament and of the council on consumer rights39 and council directive 93 / 13 / eec of 5 april 1993 on unfair terms in consumer contracts , apply to consumer transactions relating to electronic communications networks and services . the inclusion of information requirements in this directive , which might also be required pursuant to directive 2011 / 83 / eu , should not be lead to duplications of the same information within pre - contractual and contractual documents . information provided in respect of this directive , including any more prescriptive and more detailed informational requirements , should be deemed to fulfil any such requirements pursuant to directive 2011 / 83 / eu . __________________ 39 directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights , amending council directive 93 / 13 / eec and directive 1999 / 44 / ec of the european parliament and of the council and repealing council directive 85 / 577 / eec and directive 97 / 7 / ec of the european parliament and of the council .


### provisions on contracts in this directive should apply irrespective the amount of any payment to be made by the customer . they should apply not only to consumers but also to micro and small enterprises as defined in commission recommendation 2003 / 361 / ec , whose bargaining position is comparable to that of consumers and which should therefore benefit from the same level of protection . the provisions on contracts , including those contained in directive 2011 / 83 / eu on consumer rights , should apply automatically to those undertakings unless they prefer negotiating individualised contract terms with providers of electronic communications services . as opposed to micro and small enterprises , larger enterprises usually have stronger bargaining power and do , therefore , not depend on the same contractual information requirements as consumers . other provisions , such as number portability , which are important also for larger enterprises should continue to apply to all end - users . ### provisions on contracts in this directive should apply not only to consumers but also to micro and small enterprises as defined in commission recommendation 2003 / 361 / ec and not - for - profit organisation as defined in member state law , whose bargaining position is comparable to that of consumers and which should therefore benefit from the same level of protection . the provisions on contracts , including those contained in directive 2011 / 83 / eu on consumer rights , should apply automatically to those undertakings unless they prefer negotiating individualised contract terms with providers of electronic communications services . as opposed to micro and small enterprises , larger enterprises usually have stronger bargaining power and do , therefore , not depend on the same contractual information requirements as consumers . other provisions , such as number portability , which are important also for larger enterprises should continue to apply to all end - users . ' not - for - profit organisations ' are legal entities that do not earn profits for their owners or members . typically , not - for - profit organisations are charities or other types of public interest organisations . hence , as the situation of not - for - profit organisations is similar to micro and small enterprises , it is legitimate to treat such organisations in the same way as micro or small enterprises under this directive , insofar as end - user rights are concerned .


### the specificities of the electronic communications sector require , beyond horizontal contract rules , a limited number of additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for most publicly available electronic communications services but not for number - independent interpersonal communications services . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , berec should issue a template for such contract summaries . ### the specificities of the electronic communications sector require , beyond horizontal contract rules , a limited number of additional end - user protection provisions . end - users should inter alia be informed of any quality of service levels offered , conditions for promotions and termination of contracts , applicable tariff plans and tariffs for services subject to particular pricing conditions . that information is relevant for internet access services , publicly available interpersonal communications services and transmission services used for broadcasting . a provider of publicly available electronic communications services should not be subject to the obligations on information requirements for contracts where the provider , and affiliated companies or persons , do not receive any remuneration directly or indirectly linked to the provision of electronic communications services . such a situation could , for example , concern a university giving visitors free access to its wi - fi network on the campus without receiving any kind of remuneration for the provision of its electronic communications service , neither through payment from the users nor through advertising revenues . in order to enable the end - user to make a well - informed choice , it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language . for the same reason , providers should present a summary of the essential contract terms . in order to facilitate comparability and reduce compliance cost , the commission should , after consulting berec , adopt a template for such contract summaries . the pre - contractual information as well as the summary template should constitute an integral part of the final contract .


### with respect to terminal equipment , the customer contract should specify any restrictions imposed by the provider on the use of the equipment , such as by way of ‘ sim - locking’ mobile devices , if such restrictions are not prohibited under national legislation , and any charges due on termination of the contract , whether before or on the agreed expiry date , including any cost imposed in order to retain the equipment . any charges due at early termination for terminal equipment and other promotional advantages should be calculated on the basis of customary depreciation methods and on a pro rata temporis basis , respectively . ### with respect to terminal equipment , the customer contract should specify any restrictions imposed by the provider on the use of the equipment , such as by way of ‘ sim - locking’ mobile devices , if such restrictions are not prohibited under national legislation , and any charges due on termination of the contract , whether before or on the agreed expiry date , including any cost imposed in order to retain the equipment . where the end - user chooses to retain terminal equipment bundled at the moment of the contract conclusion , any compensation due should not exceed its pro rata temporis value at the moment of the contract conclusion or on the remaining part of the service fee until the end of the contract , whichever amount is smaller . member states may choose other methods of calculating the compensation rate , where such a rate is equal to or less than that compensation calculated . any restriction on the usage of terminal equipment on other networks should be lifted , free of charge , by the provider at the latest upon payment of such compensation .


### the availability of transparent , up - to - date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services . end - users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form . in order to allow them to make price and service comparisons easily , national regulatory authorities should be able to require from undertakings providing electronic communications networks and / or electronic communications services other than number - independent interpersonal communications services greater transparency as regards information . any such requirements should take due account of the characteristics of those networks or services . they should also ensure that third parties have the right to use , without charge , publicly available information published by such undertakings , in view of providing comparison tools . ### the availability of transparent , up - to - date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services . end - users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form . in order to allow them to make price and service comparisons easily , national regulatory authorities should be able to require from providers of electronic communications networks and / or internet access service , publicly available interpersonal communications services and transmission services used for broadcasting greater transparency as regards information . any such requirements should take due account of the characteristics of those networks or services . they should also ensure that third parties have the right to use , without charge , publicly available information published by such undertakings , in view of providing comparison tools .


### independent comparison tools should be operationally independent from providers of publicly available electronic communications services . they can be operated by private undertakings , or by or on behalf of competent authorities , however they should be operated in accordance with specified quality criteria including the requirement to provide details of their owners , provide accurate and up - to - date information , state the time of the last update , set out clear , objective criteria on which the comparison will be based and include a broad range of offers on publicly available electronic communications services other than number - independent interpersonal communications services , covering a significant part of the market . member states should be able to determine how often comparison tools are required to review and update the information they provide to end - users , taking into account the frequency with which providers of publicly available electronic communications services other than number - independent interpersonal communications services , generally update their tariff and quality information . where there is only one tool in a member state and that tool ceases to operate or ceases to comply with the quality criteria , the member state should ensure that end - users have access within a reasonable time to another comparison tool at national level . ### independent comparison tools should be operationally independent from providers of publicly available electronic communications services . they can be operated by private undertakings , or by or on behalf of competent authorities , however they should be operated in accordance with specified quality criteria including the requirement to provide details of their owners , provide accurate and up - to - date information , state the time of the last update , set out clear , objective criteria on which the comparison will be based and include a broad range of offers on publicly available electronic communications services other than number - independent interpersonal communications services , covering a significant part of the market . no service provider should be given favourable treatment in search results other than as based on those clear objective criteria . member states should be able to determine how often comparison tools are required to review and update the information they provide to end - users , taking into account the frequency with which providers of publicly available electronic communications services other than number - independent interpersonal communications services , generally update their tariff and quality information . where there is only one tool in a member state and that tool ceases to operate or ceases to comply with the quality criteria , the member state should ensure that end - users have access within a reasonable time to another comparison tool at national level .


### in order to address public interest issues with respect to the use of publicly available electronic communications services and to encourage protection of the rights and freedoms of others , the competent authorities should be able to produce and have disseminated , with the aid of providers , public interest information related to the use of such services . this could include public interest information regarding the most common infringements and their legal consequences , for instance regarding copyright infringement , other unlawful uses and the dissemination of harmful content , and advice and means of protection against risks to personal security , which may for example arise from disclosure of personal information in certain circumstances , as well as risks to privacy and personal data , and the availability of easy - to - use and configurable software or software options allowing protection for children or vulnerable persons . the information could be coordinated by way of the cooperation procedure established in this directive . such public interest information should be updated whenever necessary and should be presented in easily comprehensible formats , as determined by each member state , and on national public authority websites . national regulatory authorities should be able to oblige providers to disseminate this standardised information to all their customers in a manner deemed appropriate by the national regulatory authorities . dissemination of such information should however not impose an excessive burden on undertakings . member states should require this dissemination by the means used by undertakings in communications with end - users made in the ordinary course of business . ### in order to address public interest issues with respect to the use of publicly available electronic communications services and to encourage protection of the rights and freedoms of others , the competent authorities should be able to produce and have disseminated , with the aid of providers , public interest information related to the use of such services . this could include public interest information regarding the most common infringements and their legal consequences , advice and means of protection against risks to personal security , which may for example arise from disclosure of personal information in certain circumstances , as well as risks to privacy and personal data , and the availability of easy - to - use and configurable software or software options allowing protection for children or vulnerable persons . the information could be coordinated by way of the cooperation procedure established in this directive . such public interest information should be updated whenever necessary and should be presented in easily comprehensible formats , as determined by each member state , and on national public authority websites . national regulatory authorities should be able to oblige providers to disseminate this standardised information to all their customers in a manner deemed appropriate by the national regulatory authorities . dissemination of such information should however not impose an excessive burden on providers . member states should require this dissemination by the means used by providers in communications with end - users made in the ordinary course of business .


### national regulatory authorities should be empowered to monitor the quality of services and to collect systematically information on the quality of services , including that related to the provision of services to disabled end - users . this information should be collected on the basis of criteria which allow comparability between service providers and between member states . undertakings providing electronic communications services , operating in a competitive environment , are likely to make adequate and up - to - date information on their services publicly available for reasons of commercial advantage . national regulatory authorities should nonetheless be able to require publication of such information where it is demonstrated that such information is not effectively available to the public . national regulatory authorities should also set out the measurement methods to be applied by the service providers in order to improve the comparability of the data provided . in order to facilitate comparability across the union and to reduce compliance cost , berec should adopt guidelines on relevant quality of service parameters which national regulatory authorities should take into utmost account . ### national regulatory authorities should be empowered to monitor the quality of services and to collect systematically information on the quality of services , including that related to the provision of services to disabled end - users . this information should be collected on the basis of criteria which allow comparability between service providers and between member states . undertakings providing electronic communications services , operating in a competitive environment , are likely to make adequate and up - to - date information on their services publicly available for reasons of commercial advantage . where a provider of an electronic communications service does not , for reasons related to the technical delivery of the service , have control over the quality of the service or does not offer a minimum quality of service , it should not be required to provide quality of service information . national regulatory authorities should nonetheless be able to require publication of such information where it is demonstrated that such information is not effectively available to the public . national regulatory authorities should also set out the measurement methods to be applied by the service providers in order to improve the comparability of the data provided . in order to facilitate comparability across the union and to reduce compliance cost , berec should adopt guidelines on relevant quality of service parameters which national regulatory authorities should take into utmost account .


### in order to take full advantage of the competitive environment , consumers should be able to make informed choices and to change providers when it is in their best interest . it is essential to ensure that they are able to do so without being hindered by legal , technical or practical obstacles , including contractual conditions , procedures , charges etc . that does not preclude undertakings from setting reasonable minimum contractual periods of up to 24 months in consumer contracts . however , member states should have the possibility to set a shorter maximum duration in light of national conditions , such as levels of competition and stability of network investments . independently from the electronic communications service contract , consumers might prefer and benefit from a longer reimbursement period for physical connections . such consumer commitments can be an important factor in facilitating deployment of very high capacity connectivity networks up to or very close to end - user premises , including through demand aggregation schemes which enable network investors to reduce initial take - up risks . however , the rights of consumers to switch between providers of electronic communications services , as established in this directive , should not be restricted by such reimbursement periods in contracts on physical connections . ### in order to take full advantage of the competitive environment , consumers should be able to make informed choices and to change providers when it is in their best interest . it is essential to ensure that they are able to do so without being hindered by legal , technical or practical obstacles , including contractual conditions , procedures , charges etc . that does not preclude providers from setting reasonable minimum contractual periods of up to 24 months in consumer contracts . however , member states should have the possibility to set a shorter maximum duration in light of national conditions , such as levels of competition and stability of network investments and providers should offer at least one contract of a duration of 12 months or less . independently from the electronic communications service contract , consumers might prefer and benefit from a longer reimbursement period for physical connections . such consumer commitments can be an important factor in facilitating deployment of very high capacity connectivity networks up to or very close to end - user premises , including through demand aggregation schemes which enable network investors to reduce initial take - up risks . however , the rights of consumers to switch between providers of electronic communications services , as established in this directive , should not be restricted by such reimbursement periods in contracts on physical connections and such contracts should not cover terminal or internal access equipment , such as handsets , routers or modems .


### consumers should be able to terminate their contract without incurring any costs also in cases of automatic prolongation after the expiration of the initial contract term . ### consumers should be able to terminate their contract without incurring any costs also in cases of automatic prolongation after the expiration of the contract term .


### any changes to the contractual conditions imposed by providers of publicly available electronic communications services other than number - independent interpersonal communications services , to the detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs , even if they are combined with some beneficial changes . ### any changes to the contractual conditions proposed by providers of publicly available internet access services or number - based interpersonal communications services and transmission services used for broadcasting to the detriment of the end - user , for example in relation to charges , tariffs , data volume limitations , data speeds , coverage , or the processing of personal data should be considered as giving rise to the right of the end - user to terminate the contract without incurring any costs , even if they are combined with some beneficial . end - users should be notified of any changes to the contractual conditions in a durable medium , such as paper , a usb stick , a cd - rom , a dvd , a memory card , the hard disk of a computer or an e - mail .


### number portability is a key facilitator of consumer choice and effective competition in competitive electronic communications markets . end - users who so request should be able to retain their number on the public telephone network independently of the undertaking providing service . the provision of this facility between connections to the public telephone network at fixed and non - fixed locations is not covered by this directive . however , member states may apply provisions for porting numbers between networks providing services at a fixed location and mobile networks . ### number portability is a key facilitator of consumer choice and effective competition in competitive electronic communications markets . end - users who so request should be able to retain their number on the public telephone network independently of the provider of service and for a limited time between the switching of providers of service . the provision of this facility between connections to the public telephone network at fixed and non - fixed locations is not covered by this directive . however , member states may apply provisions for porting numbers between networks providing services at a fixed location and mobile networks .


### number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and should be implemented with the minimum delay , so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day . in order to facilitate a one - stop - shop enabling a seamless switching experience for end - users , the switching process should be led by the receiving provider of electronic communications to the public . national regulatory authorities may prescribe the global process of the porting of numbers , taking into account national provisions on contracts and technological developments . experience in certain member states has shown that there is a risk of consumers being switched to another provider without having given their consent . while that is a matter that should primarily be addressed by law enforcement authorities , member states should be able to impose such minimum proportionate measures regarding the switching process , including appropriate sanctions , as are necessary to minimise such risks , and to ensure that consumers are protected throughout the switching process without making the process less attractive for them . ### number portability should be implemented with the minimum delay , so that the number is functionally activated within one working day and the consumer does not experience a loss of service lasting longer than one working day from the agreed date . in order to facilitate a one - stop - shop enabling a seamless switching experience for consumers , the switching process should be led by the receiving provider of electronic communications to the public . national regulatory authorities may prescribe the global process of the porting of numbers , taking into account national provisions on contracts and technological developments . this should include , where available , a requirement for the porting to be completed though over - the - air provisioning , unless an end - user requests otherwise . experience in certain member states has shown that there is a risk of consumers being switched to another provider without having given their consent . while that is a matter that should primarily be addressed by law enforcement authorities , member states should be able to impose such minimum proportionate measures regarding the switching process , including appropriate sanctions , as are necessary to minimise such risks , and to ensure that consumers are protected throughout the switching process without making the process less attractive for them . the right to port numbers should not be restricted by contractual conditions .


### bundles comprising publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or goods such as devices , have become increasingly widespread and are an important element of competition . while they often bring about benefits for end - users , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period . ### bundles comprising at least publicly available electronic communications services other than number - independent interpersonal communications services , and other services such as linear broadcasting , or terminal equipment such as devices offered by the same provider and contracted jointly , have become increasingly widespread and are an important element of competition . a bundle for the purpose of this article is to be understood as consisting of an internet access service provided together with a number - based interpersonal communications services or of an internet access service and / or a number - based interpersonal communications service with different but complementary services with the exception of transmission services used for the provision of machine - to - machine services and / or terminal equipment provided by the same provider either i ) under the same contract , or ii ) under the same and subordinate contracts or iii ) under the same and under linked contracts provided for a single combined price . while bundles often bring about benefits for consumers , they can make switching more difficult or costly and raise risks of contractual ' lock - in ' . where divergent contractual rules on contract termination and switching apply to the different services , and to any contractual commitment regarding acquisition of products which form part of a bundle , consumers are effectively hampered in their rights under this directive to switch to competitive offers for the entire bundle or parts of it . the provisions of this directive regarding contracts , transparency , contract duration and termination and switching should , therefore , apply to all elements of a bundle , except to the extent that other rules applicable to the non - electronic communications elements of the bundle are more favourable to the consumer . other contractual issues , such as the remedies applicable in the event of non - conformity with the contract , should be governed by the rules applicable to the respective element of the bundle , for instance by the rules of contracts for the sales of goods or for the supply of digital content . for the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the contract period . member states should retain the discretion to further legislative elements related to a bundle in cases where their nature implies different regulatory treatment , for example because those elements are addressed by other sector - specific regulation or in order to adapt to changes in market practices .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all end - users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services regardless of their place of residence within the union . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state . emergency communications are means of communication , that include not only voice communications but also sms , messaging , video or other types of communications , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec ### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state or through a private telecommunications networks . emergency communications are means of communication , that include not only voice communications but also real - time text , video or other types of communications , including through the use of third party relay services , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . it should , however , be for the member states to decide which number - based interpersonal communications services are appropriate for emergency services , including the possibility to limit those options to voice communications and their equivalent for end - users with disabilities or to add additional options as agreed with national psaps . in order to take into account future technological developments or an increased use of number - independent interpersonal communications services , the commission should assess the feasibility of providing accurate and reliable access to emergency services through number - independent interpersonal communications services , after consultation with national regulatory authorities , emergency services , standardisation bodies and other relevant stakeholders . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec


### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . ### member states should ensure that providers of end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria and the capabilities of national psaps . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent providers , namely providers which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . where such standards and the related psap systems have not yet been implemented , network - independent number - based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable . as an example , this may include the designation by a member state of a single , central psap for receiving emergency communications . nonetheless , such providers should inform end - users when access to 112 or to caller location information is not supported .


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices . ### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users through total conversation services or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices people with disabilities when the abovementioned ways of communication are not suitable for them .


### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information should comply with relevant union law on the processing of personal data . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based . ### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information , which includes both network - based location information and where available , enhanced handset caller location information should comply with relevant union law on the processing of personal data and security measures . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available , where feasible . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based .


### in order to respond to technological developments concerning accurate caller location information , equivalent access for disabled end - users and call routing to the most appropriate psap , the commission should be empowered to adopt measures necessary to ensure the compatibility , interoperability , quality and continuity of emergency communications in the union . those measures may consist of functional provisions determining the role of various parties within the communications chain , for example interpersonal communications service providers , electronic communications network operators and psaps , as well as technical provisions determining the technical means to fulfil the functional provisions . such measures should be without prejudice to the organisation of emergency services of member states . ### in order to respond to technological developments concerning accurate caller location information , equivalent access for end - users with disabilities and call routing to the most appropriate psap , the commission should be empowered to adopt measures necessary to ensure the compatibility , interoperability , quality and continuity of emergency communications in the union . those measures may consist of functional provisions determining the role of various parties within the communications chain , for example number - based interpersonal communications service providers , electronic communications network operators and psaps , as well as technical provisions determining the technical means to fulfil the functional provisions . such measures should be without prejudice to the organisation of emergency services of member states .


### in order to ensure that disabled end - users benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements for disabled end - users to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that disabled end - users take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures . ### member states should ensure that end - users with disabilities enjoy equivalent access and choice to electronic communication services , in line with the un convention on the rights of persons with disabilities and the universal design approach . in particular , in order to ensure that end - users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , and after consulting representative organisations of persons with disabilities , consumer protection requirements for end - users with disabilities to be met by providers of publicly available electronic communications services and related terminal equipment . such requirements can include , in particular , that providers ensure that end - users with disabilities take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , and access to related terminal equipment as those offered to their other end - users , irrespective of any additional costs incurred by these providers . other requirements can relate to wholesale arrangements between providers . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures .


### it is desirable to enable consumers to achieve the fullest connectivity possible to digital television sets . interoperability is an evolving concept in dynamic markets . standards bodies should do their utmost to ensure that appropriate standards evolve along with the technologies concerned . it is likewise important to ensure that connectors are available on digital television sets that are capable of passing all the necessary elements of a digital signal , including the audio and video streams , conditional access information , service information , application program interface information and copy protection information . this directive should therefore ensure that the functionality associated to and / or implemented in connectors is not limited by network operators , service providers or equipment manufacturers and continue to evolve in line with technological developments . for display and presentation of connected television services , the realisation of a common standard through a market - driven mechanism is recognised as a consumer benefit . member states and the commission may take policy initiatives , consistent with the treaty , to encourage this development . ### it is desirable to enable consumers to achieve the fullest connectivity possible to radio and television sets . interoperability is an evolving concept in dynamic markets . standards bodies should do their utmost to ensure that appropriate standards evolve along with the technologies concerned . it is likewise important to ensure that connectors are available on digital television sets that are capable of passing all the necessary elements of a digital signal , including the audio and video streams , conditional access information , service information , application program interface information and copy protection information . this directive should therefore ensure that the functionality associated to and / or implemented in connectors is not limited by network operators , service providers or equipment manufacturers and continue to evolve in line with technological developments . for display and presentation of connected television services , the realisation of a common standard through a market - driven mechanism is recognised as a consumer benefit . member states and the commission may take policy initiatives , consistent with the treaty , to encourage this development . consumer radio equipment should be capable of receiving radio at least by analogue and digital broadcasting in order to ensure cross - border interoperability . this provision should not apply to low - cost consumer radio equipment or to radio equipment where the receipt of radio broadcasts is merely an ancillary function , such as for instance a mobile telephone with an fm receiver . it should also not be applicable to radio equipment used by radio amateurs , including for instance radio kits for assembly and use by radio amateurs or equipment constructed by individual radio amateurs for experimental and scientific purposes related to amateur radio .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### electronic communications networks and services used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations should include the transmission of services specifically designed to enable equivalent access by users with disabilities . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling for the deaf and hard of hearing , audio description , spoken subtitles and sign language interpretation . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data necessary to support the functionalities of providing electronic programme guides , teletext and programme - related ip addresses can be included in must carry obligations .


### voice communications’ means a service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan ; ### ' voice communications’ means an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , and comprising other means of communication as an alternative to voice communication and intended specifically for end - users with disabilities , such as total conversation services and text based and video based relay services ;


### ‘ emergency communication’ : communication by means of interpersonal communications services between an end - user and the psap with the goal to request and receive emergency relief from emergency services ; ### ' emergency communication ' : communication by means of voice communication services and relevant number - based interpersonal communications services between an end - user and the psap with the goal to request and receive emergency relief from emergency services ;


### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs . ### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules , by ensuring equivalent access and choice for end - users with disabilities and by addressing the needs , such as for affordable prices , of specific social groups , in particular users with disabilities , elderly users and users with special social needs .


### member states shall ensure that their legislation does not hamper the establishment of complaints offices and the provision of online services at the appropriate territorial level to facilitate access to dispute resolution by consumers and other end - users . for disputes involving consumers and falling within the scope of regulation 524 / 2013 , the provisions of that regulation shall apply provided that the dispute settlement entity concerned has been notified to the commission under article 20 of directive 2013 / 11 / eu . ### member states shall ensure that their legislation does not hamper the establishment of complaints offices and the provision of online services at the appropriate territorial level to facilitate access to dispute resolution by consumers and other end - users . where the national regulatory authority has been listed in accordance with article 20 of directive 2013 / 11 / eu , the provisions of regulation 524 / 2013 shall apply to disputes as referred to in paragraph 1 of this article that stem from online contracts .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a security incident or loss of integrity that has had a significant impact on the operation of networks or services and thus a high impact on economic and societal activities . providers of number - independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross - border operators shall only have to notify the competent authority of the member state of their main establishment .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of internet access , number - based interpersonal communications services , including total conversation services , and of electronic communication networks , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . they shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ecs providers that invest in the development of new technologies .


### in justified cases and to the extent that is necessary , obligations on those undertakings that are subject to general authorisation and that control access to end - users to make their services interoperable ; ### in justified cases and to the extent that is necessary , obligations to make services that connect with the publicly switched telephone network by means of an assigned numbering resource or that enable communication with a number or numbers in national or international telephone numbering plans interoperable , including for real time text and video calls ;


### where the commission , on the basis of a report that it had requested from berec , has found an appreciable threat to effective access to emergency services or to end - to - end connectivity between end - users within one or several member states or throughout the european union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed , in accordance with the examination procedure referred to in article 110 . ### where the commission , on the basis of a report that it had requested from berec , has found an appreciable threat to effective or to end - to - end connectivity between end - users , related to a lack of interoperability of number - independent interpersonal communication services with a particularly broad customer base , within one or several member states or throughout the european union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed , in accordance with the examination procedure referred to in article 110 . access to emergency services or end - to - end connectivity between end - users will not be considered endangered if the provider does not have a particularly substantial reach or customer base .


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , both at a fixed location and by way of mobile connection .


### when an end - user so requests , the connection referred to in paragraph 1 may be limited to support voice communications only . ### when a consumer so requests , the connection referred to in paragraphs 1 and 1a may be limited to support voice communications only .


### national regulatory authorities shall monitor the evolution and level of retail tariffs of services identified in article 79 available on the market , in particular in relation to national prices and national end - user income . ### national regulatory authorities shall monitor the evolution and level of retail tariffs of services identified in article 79 available on the market , in particular in relation to national prices and national consumer income .


### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end , member states may require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service . ### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs consumers are prevented from accessing such services , they shall require providers of such services to offer to those consumers tariff options or packages different from those provided under normal commercial conditions . to that end , member states shall require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that consumers entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 . member states shall also ensure that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service .


### member states shall ensure that undertakings which provide tariff options or packages to low - income or special social needs end - users pursuant to paragraph 2 , keep the national regulatory authorities informed of the details of such offers . national regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with the principle of non - discrimination . national regulatory authorities may require that specific schemes be modified or withdrawn . ### member states shall ensure that undertakings which provide tariff options or packages to low - income or special social needs consumers pursuant to paragraph 2 , keep the national regulatory authorities informed of the details of such offers . without prejudice on the freedom of the consumer to choose any provider , national regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with article 92 and with the principle of non - discrimination . national regulatory authorities may require that specific schemes be modified or withdrawn .


### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location . ### member states may , in the light of national conditions , ensure that further support is provided to low - income or special social needs consumers in view of ensuring affordability of internet access and voice communications services at least at a fixed location . in addition , member states may also ensure support is provided to low - income or special social needs consumers for mobile services , where they deem this to be necessary to ensure a consumer ' s full social and economic participation in society .


### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location . ### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at a fixed location and by way of mobile connection .


### member states shall ensure , in the light of national conditions , that support is provided as appropriate to end - users with disabilities , or that other specific measures are taken , in view of ensuring that related terminal equipment , specific equipment and specific services enhancing equivalent access are affordable . ### member states shall ensure , in the light of national conditions , that support is provided as appropriate to consumers with disabilities , and that other specific measures are taken , in view of ensuring that related terminal equipment is accessible for persons with disabilities , and specific equipment and specific services enhancing equivalent access are available and affordable . the average cost of the relay services for consumers with disabilities shall be equivalent to that of voice communication services pursuant to article 79 .


### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . ### where a member state has established , taking into account of the results of the geographical survey , where available , conducted in accordance with article 22 , or where the national regulatory authority is satisfied with alternative evidence , that the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools in its national territory or different parts thereof , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in the relevant parts of its territory .


### member states shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , whilst respecting the principles of objectivity , transparency , non - discrimination and proportionality . they shall seek to minimise market distortions , in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions , whilst safeguarding the public interest . ### member states shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service , whilst respecting the principles of objectivity , transparency , non - discrimination and proportionality . this may include making available internet access service and voice communications service through wired or wireless technologies . they shall seek to minimise market distortions , in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions , whilst safeguarding the public interest .


### in particular , where member states decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of voice communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and / or to cover different parts of the national territory . ### in particular , where member states decide to impose obligations to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with article 79 and of voice communications service , they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with article 79 and of voice communications service in order to cover all the national territory . member states may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and by way of mobile connection and / or to cover different parts of the national territory .


### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated . such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 . ### when member states designate providers in part or all of the national territory as providers having the obligation to ensure the availability at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no provider is a priori excluded from being designated . such designation methods shall ensure that internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 .


### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated . such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 . ### when member states designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with article 79 and of voice communications service , they shall do so using an efficient , objective , transparent and non - discriminatory designation mechanism , whereby no undertaking is a priori excluded from being designated . such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost - effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with article 84 .


### when an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership , it shall inform in advance the national regulatory authority in a timely manner , in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service . the national regulatory authority may impose , amend or withdraw specific obligations in accordance with article 13 . ### when a provider designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership , it shall inform in advance the national regulatory authority in a timely manner , in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of internet access service as defined in accordance with article 79 and of voice communications service . the national regulatory authority may impose , amend or withdraw specific obligations in accordance with article 13 .


### when an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership , it shall inform in advance the national regulatory authority in a timely manner , in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service . the national regulatory authority may impose , amend or withdraw specific obligations in accordance with article 13 . ### when an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership , it shall inform in advance the national regulatory authority in a timely manner , in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with article 79 and of voice communications service . the national regulatory authority may impose , amend or withdraw specific obligations in accordance with article 13 .


### member states may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with article 79 and voice communications service at a fixed location that were in force prior to [ set date ] , if the need for such services is duly demonstrated in the light of national circumstances . when member states designate undertakings in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 . ### member states may continue to ensure the availability or affordability of other services than internet access service as defined in accordance with article 79 and voice communications service at a fixed location that were in force prior to [ set date ] , if the need for such services is established in the light of national circumstances . when member states designate providers in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 .


### member states may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with article 79 and voice communications service at a fixed location that were in force prior to [ set date ] , if the need for such services is duly demonstrated in the light of national circumstances . when member states designate undertakings in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 . ### member states may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with article 79 and voice communications service at a fixed location and by way of mobile connection that were in force prior to [ set date ] , if the need for such services is duly demonstrated in the light of national circumstances . when member states designate undertakings in part or all of the national territory for the provision of those services , article 81 shall apply . financing of these obligations shall comply with article 85 .


### member states shall review the obligations imposed pursuant to this article at the latest 3 years after the entry into force of this directive and thereafter once every year . ### member states shall review the obligations imposed pursuant to this article by . . . [ 3 years after the entry into force of this directive ] and thereafter at least every three years .


### member states shall ensure that those undertakings providing the voice communications services referred to in article 79 and implemented pursuant to article 80 provide the specific facilities and services set out in annex vi , part a , in order that end - users can monitor and control expenditure and put in place a system to avoid unwarranted disconnection of voice communications service for the end - users who are entitled thereto , including an appropriate mechanism to check continued interest in using the service . ### member states shall ensure that those providers of voice communications services referred to in article 79 and implemented pursuant to article 80 provide the specific facilities and services set out in annex vi , part a , in order that consumers can monitor and control expenditure and put in place a system to avoid unwarranted disconnection of voice communications service for the consumers who are entitled thereto , including an appropriate mechanism to check continued interest in using the service .


### where national regulatory authorities consider that the provision of functional internet access service as defined in accordance with article 79 and of voice communications service ; as set out in articles 79 , 80 and 81 or the continuation of existing universal services as set out in article 82 may represent an unfair burden on undertakings providing such services and requesting for compensation , they shall calculate the net costs of its provision . ### where national regulatory authorities consider that the provision of internet access service as defined in accordance with article 79 and of voice communications service as set out in articles 79 , 80 and 81 or the continuation of existing universal services as set out in article 82 may represent an unfair burden on providers of such services and requesting for compensation , they shall calculate the net costs of its provision .


### calculate the net cost of the universal service obligation , taking into account any market benefit which accrues to an undertaking providing functional internet access service as defined in accordance with article 79 and voice communications service ; as set out in articles 79 , 80 and 81 or the continuation of existing universal services as set out in article 82 , in accordance with annex vii ; or ### calculate the net cost of the universal service obligation , taking into account any market benefit which accrues to a provider of internet access service as defined in accordance with article 79 and voice communications service ; as set out in articles 79 , 80 and 81 or the continuation of existing universal services as set out in article 82 , in accordance with annex vii ; or


### where the net cost of universal service obligations is to be calculated in accordance with article 85 , national regulatory authorities shall ensure that the principles for net cost calculation , including the details of methodology to be used are publicly available . ### where the net cost of universal service obligations is to be calculated in accordance with article 84 , national regulatory authorities shall ensure that the principles for net cost calculation , including the details of methodology to be used are publicly available .


### member states shall promote the over –the - air provisioning of numbering resources , - where technically feasible - to facilitate change of providers of electronic communications networks or services by end - users other than consumers , in particular providers and users of machine - to - machine services . . ### member states shall promote the over –the - air provisioning of numbering resources , - where technically feasible - to facilitate switching of providers of electronic communications networks or services by end - users , in particular providers and users of machine - to - machine services . .