### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable products and services following a universal design approach and incorporating facilities for end - users with disabilities , including when necessary equipment with assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for end - users with disabilities under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds . only the net cost , as determined in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 may be financed . ### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide : to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds ; and / or to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in directive 2000 / 31 / ec and which account for a large broadband consumption .


### 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 end - users with disabilities , and that other specific measures are taken , in view of ensuring that accessible related terminal equipment , and specific equipment and specific services , including text and video relay services , enhancing equivalent access are affordable . average cost of relay services for the end - user shall not exceed the average cost of voice communication services .


### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end - users . this minimum list of services should be further defined by member states , in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territory . ### the available , affordable and accessible internet access provided under the universal service obligation should have the capacity to support access to and use of basic internet services and minimum bandwidth that reflect the needs of the majority of end - users and is needed to allow citizens an adequate level of social inclusion and participation in the digital society and economy in their territory . this would ensure that all consumers have access to what is a standard basic broadband in the member state . the requirements of union legislation on open internet , in particular of regulation no 2015 / 2120 of the european parliament and of the council of 25 november 2015 , should apply to any list of internet access services or minimum bandwidth adopted under the universal service obligation .


### member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , in particular through initiatives specifically targeting persons travelling between member states . ### member states and the commission shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , as well as its accessibility features , including in particular through initiatives specifically targeting persons travelling between member states and persons with disabilities . the commission shall support and supplement the actions of member states .


### 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 . ### 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 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 accessible programme - related data supporting those functionalities should be included in must carry obligations .


### 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 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 end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible 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 disabilities in drawing up measures under article 114 of the tfeu .


### 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 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 the electronic communications market follows a universal design approach and that all 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 . 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 .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and obligations enabling access for end - users to connected tv services and to the specified services on electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks use them to receive radio and audiovisual media services . member states may impose reasonable ' must offer ' entitlements , in respect of specified radio and audiovisual media services of general interest , to the benefit of undertakings subject to must - carry obligations under their jurisdiction . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and obligations enabling access for end - users to connected tv services and to the specified services on electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks and services use them to receive radio and audiovisual media services . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states shall ensure that the competent authorities specify , where appropriate , requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end - users : ### member states shall ensure that the competent authorities specify , where appropriate , and after consulting with representative organisations of persons with disabilities , requirements to be met by undertakings providing publicly available electronic communications services to ensure that end - users with disabilities :


### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning service for reporting missing children is actually available in their territories under the number ‘ 116000’ ### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning service for reporting missing children is actually available in their territories under the number ‘ 116000’ . the definition of missing children falling under the 116000 number should include the following categories children : runaways , international child abductions , missing children , parental abductions , missing migrant children , criminal abductions and lost , sexual abuses and where the life of a child is at risk .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### ' must carry ' obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content ; ' must carry ' obligations may be applied to specified radio and audiovisual media services and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public , such as media pluralism and cultural diversity and in line with the evolution of media distribution systems , consumer trends and related business models . member states should provide an objective justification for the ' must carry ' obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision and rules for proportionate remuneration . any ' must carry ' obligation remains independent from , and does not prejudice , the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned .


### 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 broadband internet access and communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . the available , accessible and affordable universal service is indispensable for enabling social inclusion and providing a social safety net by establishing a right to a basic internet access service .


### 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 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 of conversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states shall impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### if a bundle of services or a bundle of services and goods offered to an end - user comprises at least a publicly available electronic communications service other than number - independent interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user . ### if a bundle of services or a bundle of services and terminal equipment offered to consumers comprises a publicly available internet access service or interpersonal communications service , articles 98 and the information requirements listed in points to of article 95 shall apply mutatis mutandis to all elements of the bundle .


### 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 for hearing - impaired users , text relay services , or other specific equipment . ### 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 real - time text 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 for people with disabilities when the abovementioned ways of communication are not suitable for them .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### member states shall define internet access services referred to in paragraph 1 with a view to ensure they reflect the services used by the majority of end - users in their territory .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guides for end - users with disabilities and data supporting and enabling end - users access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks and services use them to receive radio and audiovisual media services . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### national regulatory authorities may require providers of internet access services and of publicly available number - based interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . ### national regulatory authorities may require providers of publicly available interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . measures of providers of publicly available interpersonal communications services to ensure quality of service shall respect net neutrality and shall be taken on a best effort basis .


### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract , consumers are entitled to terminate the contract at any time with a one - month notice period and without incurring any costs except the cost of providing the service during the notice period . ### where a contract or national law provides for the possibility of a fixed duration contract to be automatically extended or renewed after the end of the contract , the member state shall ensure that the consumer is properly informed and explicitly agrees to such extension or renewal and that the consumer has at least one month to oppose such automatic extension or renewal of the contract after the expiration of the initial period . the extended or renewed contract can be terminated by the consumer at any time with no more than one - month notice period and without incurring any costs except the cost of providing the service during the notice period .


### in taking the measures referred to in paragraph 1 , member states shall encourage compliance with the relevant standards or specifications published in accordance with article 39 . ### in taking the measures referred to in paragraph 1 , member states shall ensure compliance with the relevant accessibility and interoperability standards or specifications published in accordance with article 39 .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market following a universal design approach for affordable and accessible products and services incorporating facilities for end - users with disabilities , including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for end - users with disabilities under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### 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 . ### must - carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends . electronic communications networks and services used for the distribution of radio or audiovisual media services 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 audiovisual media services . 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 accessible programme - related data should be included in must carry obligations .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### member states shall define the internet access service referred to in paragraph 1 with a view to ensure they deliver these services based on minimum requirements such as the bandwidth the majority of end - users is subscribed to at a fixed location .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### national regulatory authorities shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory .


### 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 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 internet access service as defined in accordance with article 79 and of two - way communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory .


### 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 . ### 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 , consumer protection requirements for end - users with disabilities to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that end - users with disabilities 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 . national regulatory authorities should verify in consultation with service providers and representative organisations of persons with disabilities , whether the objectives of equivalent access and choice can actually be achieved with other measures .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions access for end - users and accessibility for persons with disabilities and routing to the most appropriate psap .


### 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 . ### 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 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 accessible programme - related data supporting those functionalities should be included in must carry obligations .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is to be provided for , the requirement for remuneration and its level shall be laid down by law and member states shall ensure that it is applied in a proportionate and transparent manner .


### interoperability of consumer digital television equipment ### interoperability of consumer radio and digital television equipment


### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services other than number - independent interpersonal communications services , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made , and the following information in a clear and comprehensible manner : ### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services , shall provide free of charge the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made at least the following information , where relevant to the services they are providing to a consumer :


### 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 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 and in that case , member states shall 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 .


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . 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 , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non - discriminatory application of the present directive to the different service providers . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' two - way communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a two - way communications service , i . e . 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 , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ' click - through ' application on a customer service website , is not such a service . two - way communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text , singly or in combination , within the same call ) .


### interoperability of digital consumer equipment referred to in article 105 ### interoperability of consumer equipment referred to in article 105


### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs , including the elderly , the disabled and the end - users living in rural or geographically isolated areas . these offers should be provided with basic features , in order to avoid distortion of the functioning of the market . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure . ### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs . these end - users may include older people , persons with disabilities and the end - users living in rural or geographically isolated areas . these offers should be provided with basic features , in order to ensure their right to access publicly available electronic communication services . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure .


### 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 end - users with disabilities , and that other specific measures are taken , in view of ensuring that accessible related terminal equipment , and specific equipment and specific services , including text and video relay services , enhancing equivalent access are affordable . average cost of relay services for the end - user shall not exceed the average cost of voice communication services .


### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs , including the elderly , the disabled and the end - users living in rural or geographically isolated areas . these offers should be provided with basic features , in order to avoid distortion of the functioning of the market . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure . ### affordable price means a price defined by member states at national level in the light of specific national conditions , and may involve special tariff options or packages to deal with the needs of low - income users or users with special social needs . these end - users may include older people living in rural or geographically isolated areas . these offers should be provided with basic features , in order to ensure their right to access publicly available electronic communication services . affordability for individual end - users should be founded upon their right to contract with an undertaking , availability of a number , continued connection of service and their ability to monitor and control their expenditure .


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of universal service is to follow a universal design approach in order to ensure that all end - users , including end - users with disabilities , have equal access to an affordable and available internet access and two - way communications services , at least at a fixed location to all citizens , especially for socially disadvantaged communities . member states should also have the possibility to ensure affordability , availability and accessibility of services provided also to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations .


### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , and access to 112 emergency services . ### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , interoperability of total conversation services and access to 112 emergency services , including for persons with disabilities .


### 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 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 the electronic communications market follows a universal design approach and that all 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 . 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 .


### 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 two - way 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 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 shall , 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 conversational communications services at least at a fixed location .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market following a universal design approach for affordable and accessible products and services incorporating facilities for end - users with disabilities , including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for end - users with disabilities under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services . ### national regulatory authorities shall ensure that consumers have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available providers of internet access services and / or interpersonal communications services . national regulatory authorities may extend the provisions of this article to all end - users . any differentiation in the conditions applied to consumers and other end - users shall be made explicit . no internet access or interpersonal communications service provider should be given favourable treatment in search results based on criteria other than the objective criteria used to trigger the search .


### 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 for hearing - impaired users , text relay services , or other specific equipment . ### 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 real - time text 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 for people with disabilities when the abovementioned ways of communication are not suitable for them .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ;


### 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 end - users with disabilities , and that other specific measures are taken , in view of ensuring that accessibility related terminal equipment and specific equipment and specific services , including text and video relay services , enhancing equivalent access are affordable . average cost of relay services for the end - user shall not exceed the average cost of voice communication services .


### a member state shall waive paragraph 1 in all or part of its territory if it considers , after taking into account the views of interested parties , that there is sufficient access to these facilities . ### a member state may decide to waive paragraph 1 in all or part of its territory if it considers , after taking into account the views of interested parties , that there is sufficient access to these facilities .


### member states shall ensure that the competent authorities specify , where appropriate , requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end - users : ### member states shall ensure that the competent authorities specify , where appropriate , and after consulting with representative organisations of persons with disabilities , requirements to be met by undertakings providing publicly available electronic communications services to ensure that end - users with disabilities :


### 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 . ### 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 , consumer protection requirements for end - users with disabilities to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that end - users with disabilities 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 . national regulatory authorities should verify in consultation with service providers and representative organisations of persons with disabilities , whether the objectives of equivalent access and choice can actually be achieved with other measures .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users including through total conversation services and available third party relay services . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on equal basis with other end - users whilst travelling in other member states in particular through the use of total conversation services and available relay services . these measures shall ensure interoperability across the member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### 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 , pre - registration or pre - installation of any kind of software , from any device which enables number - based interpersonal communications services , private telecommunications networks , relay services and total conversation services and where applicable through internal emergency services , including when using roaming services in a member state . 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 . __________________ 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


### in accordance with the provisions of annex x , member states shall ensure the interoperability of the consumer digital television equipment referred to therein . ### in accordance with the provisions of annex x , member states shall ensure the interoperability of the consumer radio and digital television equipment referred to therein .


### 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 , pre - registration , pre - installation of any kind of software , 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 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 . __________________ 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


### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds . only the net cost , as determined in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 may be financed . ### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 : to compensate that undertaking for the determined net costs under transparent conditions from public funds or to share the net costs of universal service obligations between providers of electronic communication networks and services , and information society services .


### 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 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 end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible 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 disabilities in drawing up measures under article 114 of the tfeu .


### in addition to the affordability measures for disabled users set out in this directive , directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for disabled users of electronic communications services and related consumer terminal equipment . therefore the corresponding obligation in this directive that required member states to encourage the availability of terminal equipment for disabled users has become obsolete and should be repealed . ### in addition to the affordability measures for users with disabilities set out in this directive , directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for end - users with disabilities of electronic communications services and related consumer terminal equipment . therefore the corresponding obligation in this directive that required member states to encourage the availability of terminal equipment for end - users with disabilities has become obsolete and should be repealed , except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services , when the latter do not meet the needs of specific groups of persons with disabilities .


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . all communication services , whether or not they are ancillary to another principal service , shall be bound by the rules on confidentiality and security of communications . if the interpersonal and interactive communication facility is purely a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services , all other provisions beyond rules on security of communications in this directive shall not apply to such ancillary services .


### 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 for hearing - impaired users , text relay services , or other specific equipment . ### 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 , blind and deaf - blind users through real - time text 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 for people with disabilities when the abovementioned ways of communication are not suitable for them .


### 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 shall , 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 internet access and two - way communications services at least at a fixed location .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### member states shall define the internet access service referred to in paragraph 1 with a view to ensure they deliver these services based on minimum requirements such as the bandwidth the majority of end - users is subscribed to at a fixed location .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable products and services following a universal design approach and incorporating facilities for end - users with disabilities , including when necessary equipment with assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for end - users with disabilities under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations ; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ' must carry ' obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , for instance , media pluralism and cultural diversity . member states should provide an objective justification for the ' must carry ' obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration .


### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights concerning publicly available electronic communications services , in particular where they have a significant impact on the market . ### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services , as well as their representative organisations , on issues related to all end - user and consumer rights , including equivalent access and choice for end - users with disabilities , concerning publicly available electronic communications services , in particular where they have a significant impact on the market .


### 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 . ### 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 , consumer protection requirements end - users with disabilities to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that end - users with disabilities 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 . national regulatory authorities should verify in consultation with service providers and representative organisations of persons with disabilities , whether the objectives of equivalent access and choice can actually be achieved with other measures .


### in justified cases , obligations on providers of number - independent interpersonal communications services to make their services interoperable , namely where access to emergency services or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services . ### in justified cases , obligations on providers of interpersonal communications services to make their services interoperable , in particular where access to emergency services or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services .


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . 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 , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non - discriminatory application of the present directive to the different service providers . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' two - way communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a two - way communications service , i . e . 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 , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ' click - through ' application on a customer service website , is not such a service . two - way communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text , singly or in combination , within the same call ) .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for disabled end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services and available third party relay services { conversational communication services } . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on an equal basis with others , whilst travelling in other member state , in particular through the use of total conversation services and available relay services . these measures shall ensure interoperability across member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . ### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications including where technically feasible through total conversation services , to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings if technically feasible may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . prior to extending the scope to all interpersonal communication services , the commission , shall assess in close consultation with industry , member states psaps , standardisation bodies and other relevant stakeholders , the feasibility to provide accurate and reliable access to emergency service , including location data , and of the public safety answering points to be capable of receiving such communications through number - independent interpersonal communications services .