PROPOSAL FOR A COUNCIL RECOMMENDATION ON THE HARMONIZED PROVISION OF A MINIMUM SET OF PACKET-SWITCHED DATA SERVICES IN ACCORDANCE WITH OPEN NETWORK PROVISION ( ONP ) PRINCIPLES
Date: 1991-06-07
Institutions: European Commission
Subjects: data transmission, harmonisation of standards, interactive network, telephone charges

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(91) 208 final 

Brussels, 7 June 1991 

Proposal  for a 

COUNCIL RECOMMENDATION 

on the harmonised  provision of a minimum set of Packet-Switched 

Data Services  in accordance with Open Network  Provision 

(ONP) principles 

(presented  by the Commission) 

-  2 

-

EXPLANATORY  MEMORANDUM 

I. 

INTRODUCTION 

The  Telecommunications  Council  of  December  1989  decided  that  the  Community's 

telecommunications  policy  should  combine  in  a  balanced  way  harmonization  and 

liberalisation. 

Consequently,  on  June  28,  1990  the  Council  of  Ministers  for  Telecommunications 

adopted 

a  Directive  on 

the  establishment  of 

the 

internal  market 

for 

telecommunications  services  through  the  implementation  of  open  network  provision 

(ONP)  and  the  Commission  adopted  a  Directive  on  competition  in  the  markets  for 

telecommunication  services. 

The  first  Directive  (known  as  the  ONP  framework  Directive),  considers  the  area  of 

packet  switched  data  services  (PSDSs)  as  a  priority.  The  Directive  received  broad 

support  in the  European  Parliament  and  in the  Economic  and  Social  Committee.  The 

Directive  asks  for  the  implementation  of  harmonized  technical  interfaces  and/or 

service  features  for  PSDSs  and  in  this  respect  the  Commission  published  in  the 

Official  JournaP  on  the  29.12.90  the  list  of  packet  switched  public  data  networks 

standards suitable  for  ONP. The  Directive also  foresees  as a priority  the  adoption  of a 

Council  Recommendation  on  the  harmonised  provision  of  a  minimum  set  of  Packet 

Switched  Data  Services 

in  accordance  with  Open  Network  Provision 

(ONP) 

principles. 

It  is in this context  that  the  Commission  presents  this proposal  for  a  Recommendation 

to the Council  of  Ministers. 

II.  T HE  ROLE  OF  PACKET  SWITCHED  PUBLIC  DATA  NETWORKS  IN  T HE 

DEVELOPMENT  O I:  EUROPEAN  V A L UE  A D D ED  SERVICES 

The  late  70s  saw  the  introduction  of  packet  switched  public  data  networks  in  several 

European  countries. 

1 

OJ  No  C 

i . V, 

?'?.  ]?.  1 7 7 0, 

p.  1 9- 

L i st 

of 

:;t;inrl.ii-iJ-, 

r <• f o n - iu  e " 

i ' . c . k et 

s w i t c h ed  p u b l ic 

d . i Ut 

n e t w o r ks  , 

-3 

-

The 

introduction  of  these  national  networks  followed  different  timetables  and 

different  commercial  priorities  however,  and  hence 

the  availability  of  a 

fully 

harmonised  and  up to date  international  service was  held  up. 

From  an  industrial  and  manufacturing  point  of  view  it was  only after  1976  that  the  set 

of  packet  switched  associated  standards  reached  a  mature  enough  stage  to  allow  the 

development  and  marketing  of  commercially  exploitable  packet  switching  public 

systems,  although 

the 

first  packet  switched  public  data  networks  were  not 

commercially  available  before  1978/1979^. 

Administrations  began  to  plan  for,  and  implement  national  packet  switched  services 

against  a range  of  target  dates,  and  some  administrations  were  therefore  working  with 

more  mature  CCITT  recommendations  than  those  that  had  launched  public  services 

earlier. 

By  1984,  when  the  new  and  revised  CCITT  recommendations  (Red  Book)  became 

available,  most  European  countries  already  had  their  packet  switched  public  data 

networks  up  and  running  on  the  basis  of  different 

implementations  of  the  1980 

versions  of  CCITT 

recommendations,  and 

the 

first 

international 

gateway 

interconnections  between  networks  had  been  established,  based  on  bilateral 

arrangements  without  any  administrative  or  management  functions,  for  the  provision 

of  transborder  services  at  European  level. 

All  these  factors  led  to  national  variations  of  the  basic  service,  which  has  made  full 

international  interworking  difficult  to  achieve. 

The  market  for  networks  and  services  has  clearly  became  application  driven  on  an 

European  scale,  and  incompatible  products  and  services,  as  well  as  internal  skills 

shortages  are  seen  by  the  users  as  major  constraints  on  data  communications  networks 

development  over  the  next  years. 

The  development  and  availability  of  international  value  added  services  to  support  the 

applications  required  by  the  users  is  largely  dependent  on  PSDSs  because  without 

such  an  adequate  transeuropean  transport  service,  higher  layer  value  added  services 

2 

In 

t he  c o n t e xt  of 

i ts 

inforni.it  ion  m.irket  p o l i cy 

t he  O.cru.ni  ty 

i n i ti  >tr-d 

t he  «.-stabl  i shment  of  a 

p . i n o u r o p o nn  p . i c k et 

' . w i t c h ed  p u b l ic  d.it.i  n e t w o rk 

( L u n n i - ; ),  which  ».v. 

in  s e r v i ce 

from  193'J 

to 

1 9 8 4,  when 

it  was  r e p l a c ed  by 

t he  n . i t i o n . i l ly  b.tsed  p o c k et 

. w i t c h ed  p u b l ic  d.it.i  n e t w o r k s. 

-  A  -

will be  difficult  to offer  to  users on  a Community wide  scale. 

Such  services  will  flourish  if,  and  only  if,  a  high  quality,  reasonable  priced,  ubiquitous 

transport  service  is available. 

Existing  packet  switched  public  data  networks  have  developed  into  a  major  transport 

media  for  the  operation  of  value-added-services  throughout  the  Community.  Suitably 

expanded  and enhanced  to  adhere  to  European  standards,  they  offer  the  most  suitable 

mechanism  to  meet  the  tight  deadlines  imposed  by the  1992 Single  Market goal  on  the 

availability  of  value  added  services  necessary  to  support  European  wide  industry, 

trade  and  administration. 

III.  THE  CONSULTATIVE  PROCESS 

The  concept  of  ONP  conditions  for  open  provision  of  packet  switched  public  data 

networks  was 

introduced  by  the  Commission 

in  the  Communication  on 

the 

Implementation  of  the  Green  PapeA  In  its  Council  Resolution  of  30 June  1988  the 

Council  urged  for  the  "rapid definition" of  ONP  conditions  for  public data  networks. 

Since  the  Commission  deemed  it  necessary  that  the  analytical  work  on  public  data 

networks  was  taken  up  as  soon  as  possible  the  Commission  started  to  analyse  the 

subject  in  parallel  with  its  work  on  the  ONP  framework  Directive.  Preparatory  work 

on  the  application  of  ONP  principles 

to  public  data  networks  was 

therefore 

undertaken  by the  SOG-T (Senior  Officials  Group  - Telecommunications)  and  its sub 

group  GAP  (Groupe  d'Analyse  et  de  Prévision)  as  early  as  1989. 

In  the  spirit  of  the  then  pending  framework  Directive,  the  SOG-T  arranged  for  the 

participation  of 

representatives  of  European 

industrial 

organizations, 

trade 

associations,  service  providers,  telecommunications  users,  and  telecommunications  in 

general.  To  that  end.  public  comments  on  the  proposals^  of  GAP  were  invited  by 

notice  in  the  Official  Journal  dated  6  April  1990.UK1  two  fora  were  organized  in 

3 

4 

($$)  48  :  Implementing 

C OM 
Telecommunications  Services  anti  Hquipmenl. 

the  Cîrccn  Paper  on 

the  Development  of 

ihe  Common  Market 

for 

Proposal  by  the  "Analysis  ami  Forecast im;  Croup"  (CAP)  on  Open  Network  Provision  (ONP)  for  Public 
Data  Networks  Lines  in  the  Community  <>l ?.S Fcbni.uv  l°')i> • 

5 

OJ  No  C  <SS, 6.4.1 WO,  p  V Notice  No  W/CXS/IU-

-  5-

March  and  October  1989 for public discussion  of  the  proposals. 

Subsequently,  a  draft  of  the  proposal  for  a  recommendation  was  discussed  with  the 

ONP  Committee. 

The  present  proposal  for a  Council  Recommendation  takes  into  account  the  results  of 

a)  the  GAP  analysis  report,  b)  the  comments  received  from  interested  parties  in  the 

course  of  the  public  comment  process,  and  c)  the  comments  received  from  the  ONP 

Committee.  At  the  same  time  it  takes  account  of  the  general  principles  which  have 

been  laid  down  in  the  Directives  on  competition  in  the  market  of  telecommunications 

services  and  in  the ONP  framework  Directive. 

IV.  THE  APPROACH  ADOPTED 

The  proposal  implements  a  concept  of  harmonization  in  the  areas  of  standards,  usage 

conditions,  supply  conditions  and  tariff  principles. 

The  proposed  Recommendation  refers  in  its  recitals  to  some  of  the  general  principles 

resulting  from  Community  law.  The  operative  part  then  specifies  in  detail  how  a 

minimum  set  of  PSDSs  should  be  provided  in  a  harmonised  way  in  accordance  with 

Open  Network  Provision  principles. 

The  points  of  the  Recommendation  are  briefly  explained  hereunder  : 

Provision  of  a  minimum  set  of  PSDSs 

Point  1  defines  a  minimum  harmonised  set  of  PSDSs  with  harmonised 

technical 

characteristics  which  must  be  made  available  throughout  the  Community.  The  point 

also  sets  a  timetable  for  the  provision  of  these  services,  where  not  available.  For  this 

minimum  set,  reference  is  made  to  the  list  of  packet  switched  public  data  networks 
standards  suitable  for  ONP  published  in  the  Official  J o u r n a l0  (see  table  1). 

Point  2  provides  for  the  mechanism  to  update  this  set  which  is  described  in  Annex  II 

on  the  basis  of  changes  in  market  demand  and  in  technology.  Changes  in  Annex  II  can 

be  made  by  the  Commission,  in  cooperation  with  the  ONP-Ounmittce.  Such  changes 

OJ  No  C 

i ; V, 

..'v.  1«r\  i WO,  p . IV 

• 

l i st 

of 

st  .ind.irds 

r-.-f ..•( • o c- 

I ' . v . oi 

- . w i t c h ed  p u b l ic  d.it.i 

n e t w o r k s• 

-6  -

may incorporate the removal of or the addition  of PSDSs to the list. 

List  of  standards  reference 

(90/C  327/12) 

Pursuant  to  Article  5  (1)  of  Directive  90/387/EEC  (')  the  Commission  publishes  a  list  of 
standards  which  constitutes  a  basis  for  harmonized  access ' and/or  service  features  in  the 
context  of  open  network -provision. 

Given  the  fact  that  many of  these standards  are  not  yet  finally  adopted  ('),  changes  may  occur. 
As  a  consequence  these  standards  are  now  being  published  as  an  indicative  list. Therefore  this 
list  may be  amended  by further  publication  in  the  Official Journal of  the  European  Communities 
pursuant  to  Article  5  (4)  of  Directive  90/387/EEC. 

1.  Packet  switched  public  data  networks 

D i r e ct  access 

X.25  service 

Indirect  access 

X.28  service 

Indirect  access 

X.32  service 

T / TE  08-01  (*) 
T / TE  08-02  O 
T / TE  0 8 - 03  (*) 
E T S . T / TE  04-06  (•*) 
E NV  41104  (FS  T / 3 1)  (**•) 

T / TE  08-02  (*) 
T / TE  08-03  (») 
E NV  41901  ( • • •) 

T / TE  08-02  (*) 
T / TE  OS-03  (*) 
E TS  T / TD  08-06  (*•) 
E NV  41105  (FS  T / 3 2) 

(••*) 

(*) 

(*•) 

(•••) 

C E PT  technical  spécification. 

Draft  ETSI  standard. 

C E N / C E N E L EC  prestandard.  In  the  case  of  E NV  41104  and  E NV  4 1105  only  the  network 
aspects  arc  relevant. 

(')  Council  Direcuve  of  2S  J u ne  1990  of  the  establishment  of  the  internal  market  !or  telecommunications 
services  through  the  implementation  of  open  network  provision  (OJ  No  L  i 9 .\  2-i.  7.  1990,  ]>p. 1-40). 

(')  In  o r d er 

to  refer 

the  relevants  standards  body  should  be 
c o n t a c t e d.  Where  the  three  stage  description  process  for  I S DN  services  is  r.-rA  ( M SI  ISM  report  E T R, 
10.  S.  1990),  stages  1,  2  and  3a  are  included. 

the  precise  status  of  each  standard, 

to 

.V  N o te 

ID  Article-  :>  (.')  of  D i r e c t i ve  7 3/  >.\7/}.i- '  "  ,  .liiipli.n;. 
icom:--*:::-— 111s  <>;  .i 

\>.i:h  the 

l \ ; : s u a ni 
tii:-  pit-vumjnu>n  of  c o n l o r m a n rr 
c o v e r ed  by  t h e se  s t a n d a r ds  a nd 
90/3S7/I-i-:C  and  '.O/3.SS/I-:KC. 

:jcuv.itfist.uuliii; 

:;)."( 

r e q u i r c m e i i: 

••<:  •.:^s  -A  in  car  ;\-
•'•'::i.i;i  as  Jar 
.o 
::.i;n  D i r ec  t . ' vs 

Ii!  a c c o r d a n ce  v.ith  D i r e c t i ve  V 0 / 3 M / /J  i;c;  ilns  ! -• 
m  o r d er  to  c o m p ly  with  new  access  r e q u i r e m e n ts  r e s u l t i ng  f r om  u s er  d e m a nd  a nd 
d e v e l o p m e n t. 

: ;i.,y  |,t-  st:;i;>lemc:;:rd  hy  ::.,-iri(i  s t a n d a r ds 
t c c l i n o l o j ' i t al 

-  7  -

Disclosure of  information 

Point 3 establishes  the format  in which  the  information  is to be published  in order  to 

comply with  the requirement  that ONP conditions must be transparent  and  published 

in an appropriate manner. 

Supply Conditions 

The supply conditions  for PSDSs are addressed  in Point 4. It requires organizations  to 

use a set  of general  supply conditions which contains at least  a number of  parameters 

which are of vital importance  to users, e.g.  the delivery period  for a type of  PSDS, the 

duration  of  the  contractual  period  and  the  repair  time.  It  also  refers  to  the  refund 

policy and the network performance  targets. 

Common ordering, hilling and  maintenance  procedures 

Point  5  expresses  the  requirement  of  users  to  be  able  to  order  PSDSs  in  a  common 

fashion,  and  where  requested,  to  be  able  to  communicate  with  a  single  organization 

for ordering, billing and  maintenance  purposes. 

Through  the  implementation  of  a  "green  number"  arrangement  at  a Community  level 

it  allows,  on  the  one  hand,  for  the  establishment  of  permanent  arrangements  for 

reverse  charging  capabilities  allowing  Community  wide  service  providers  to  bill  their 

customers  in  a global  bill. The  "kiosk  type  arrangement"  allows, on the other  hand,  for 

the possibility  of  a combined  collection,  in a global  bill, of  the cost  of  the  value-added 

service  and  of  the  cost  of  the  call,  by  the  organisation  supplying  PSDSs,  thus 

facilitating  the  provision  of  value-added  services  across  the  Community,  specially  by 

small  and  medium  size service providers. 

Quality  of  Service 

Points  6  and  7  refer  to  quality  of  service  and  ask  for  the  adoption  of  common 

indicators 

for 

the  network  performance  aspects  of  quality  of  service,  and 

corresponding  measurements  methods.  Both are  indicated  in Annex  III. 

-  8  -

Tariffing  Principles 

Points  8  and  9  refer  to  the  basic  principle  of  application  independence  which  is  to  be 

applied  for  tariffs  of  PSDSs  and  identifies  separate  tariff  elements  which  will  normally 

be contained  in  the  tariffs. 

Notification 

Points  10 and  11 deal  with  the  information  which  the  national  regulatory  authority  has 

to  provide  to  enable  the  Commission 

to  monitor  the 

implementation  of 

this 

Recommendation,  notably  which  organizations  will  conform  with  the  provisions  of  the 

Recommendation. 

User  Support 

Point  12  refers  to  a  procedure  for  user  support  if  difficulties  are  encountered  in 

relation  to  the  objectives  of  this  Recommendation,  in particular  in connection  with  the 

provisions  on  the general  supply conditions  and  quality  of  service. 

Progress  of  work 

Point  13  recommends  that  the  Commission  examines  the  progress  of  work  in 

implementing  the  Recommendations  in consultation  with  the  ONP  Committee. 

CONCLUSIONS 

Directive  387/90/l:I::C  calls  in  its  Annex  111.3  for  the  adoption  by  the  Council  by  1 

July  1991,  acting  on  a  proposal  from  the  Commission,  of  a  recommendation  on  the 

supply  of  technical  interfaces,  conditions  of  usage  and  tariff  principles  applying  to 

provision  of  packet  switched  data  services  complying  with  open  network  principles;  at 

the  same  time  this  recommendation  would  in  particular  call  on  Member  States  to 

ensure  at  least  one  such  service  was  provided  on  their  territory. 

The  present  Commission  proposal  for  a  Council  Recommendation  on  the  harmonised 

provision  of  a  minimum  set  of  Packet  Switched  Data  Services  in  accordance  with 

Open  Network  Provision  (ONP)  principles  takes  account  of  the.  harmonized  general 

principles  laid  down  in  the.  ONP  Iraniewoik  Diiective  and  specifics  which  services 

-  9 

-

should  be  provided  in  all  Member  States  in  a  harmonized  way.  It  is flexible  and  open 

for  future  adaptation  in  line with  market  demand  and  technology  progress. Thus,  the 

proposal  significantly 

improves 

the  competitive  conditions 

in 

the  European 

telecommunications  market. 

The  Council 

is 

therefore 

requested 

to  adopt 

the  attached  proposal 

for  a 

Recommendation. 

-  10  -

Proposal  for a 
COUNCIL  RECOMMENDATION 

on the harmonised provision of a minimum set of Packet-Switched  Data Services in 
accordance with Open Network  Provision  (ONP)  principles 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  e s t a b l i s h i ng 

the  European  Economic  Community, 

Having regard to Council  Directive 

90/387/EEC  of 28 June  1990 on the establishment 

of  the  internal  market  for  telecommunications  services  through  the  implementation  of 

Open Network  Provision  (ONP), 

Having regard to the proposal  from  the Commission, 

Whereas  D i r e c t i ve  90/387/EEC  considers,,  i n t er  a l i a, 

the  p r i n c i p l es 

f or 

the 

a p p l i c a t i on  of  Open  Network  P r o v i s i on  to  the  areas  of  p a c k e t-  and  c i r c u i t-

switched  data  s e r v i c e s; 

Whereas  D i r e c t i ve  90/387/EEC  p r o v i d e s, 
adoption  of  a  Recommendation  on  the  supply  of 

in 

i ts  Annex  I I I,  paragraph  3, 

f or 

t e c h n i c al 

i n t e r f a c e s,  c o n d i t i o ns 

of  usage  and  t a r i ff  p r i n c i p l es  a p p l y i ng  to  p r o v i s i on  of  p a c k e t - s w i t c h ed  data 

s e r v i c es  complying  w i th  open  network  p r i n c i p l e s; 

Whereas  Packet-Switched  Public  Data  Networks  are  the  most  common  networks  through 

which packet-switched  data  services are  made  available  in all  Member  States; 

Whereas  Packet-Switched  Public  Data  Networks  have  developed  on  a  national  basis  and 

the  availability  in  each  Member  State  of  Packet-Switched  Public  Data  Networks  with 

equivalent  capabilities  and  providing  lull  inierconnectivity  is  important  to  meet  the 

1 

2 

0J  No  L  192,  2 4 . 7 . 1 9 9 0,  p.1 

OJ  No  C 

. .. 

- 11 

-

requirements  of  pan-European  data  networking  for  value-added  services  provision; 

Whereas  Packet-Switched  Data  Services  are  used  in  every  Member  State  to  support  value 

added  services  at  a  European-wide  level; 

Whereas 

Di r e ct  i ve 

9 0 / 3 8 7 / E EC  calls  for  the  availability  in  each  Member  State  of 

a  harmonized  packet-switched  data  service  (PSDS); 

Whereas  in  application  of  the  principle  of  non-discrimination,  PSDSs  shall  be  available  and 

provided  on  request  without  discrimination  to  all  users;  therefore  the  terms  and  conditions 

which  apply  to  telecommunication  organizations  when  using  PSDSs  for  the  provision  of 

competitive  services  must  be  equivalent  to  the  terms  and  conditions  which  apply  to  other 

users; 

Whereas  in  accordance  with  Directive  90/387/EEC,  the  conditions  of  Open  Network 

Provision  may  not  restrict  access  to  and  use  of  PSDSs  except  in  application  of  essential 

requirements  as  defined 

in  the  said  Directive;  those  restrictions  must  be  objectively 

justified,  must  follow  the  principle  of  proportionality  and  must  not  be  excessive  in  relation 

to  the  aim  pursued; 

Whereas  in  accordance  with  Article  3(5)  of  Directive  9 0 / 3 8 7 / E EC  the  Commission  will 

determine  the  rules  for  uniform  application  of  the  essential  requirements; 

Whereas  usage  conditions  for  PSDSs  must  be  d e r i v ed 

from  e s s e n t i al 

requirements  compatible  with  Community  law,  and  are  imposed  through  regulator)'  means, 

and  not  through  technical  restrictions; 

Whereas  in  accordance  with  Commission  D i r e c t i ve  9 0 / 3 8 8 / E E C3  Member  States  may 

make  the  supply  of  packet-  or  circuit  switched  data  services  subject 

to  licensing  or 

declaration  procedures  which  are  aimed  at  compliance  with  essential  requirements,  or 

trade  regulations  relating  to  conditions  of  permanence,  availability  and  quality  of  service, 

or  measures  to  safeguard  the  task  of  general  economic  interest  which  they  have  entrusted 

to  a  telecommunications  organization  for  the  provision  of  switched  data  services,  if  the 

performance  of  that  task  is  likely  to  be  obstructed  by  the  activities  of  private  service 

providers; 

3  OJNoL  192,  24.7.1990,  p.10. 

-  12  -

Whereas  in accordance with  Directive  90/387/EEC,  the Commission  has published  in  the 

Official  Journal'*  the  list  of  packet-switched  public  data  networks  standards  suitable  for 

ONP; this list may be amended by further publication; 

Whereas  common  ordering  procedures,  one-stop-ordering  and  one-stop  billing  and 

maintenance  are  essential  to  promote  the  use  of  PSDSs  throughout  the  Community;  any 

cooperation  of  the  organizations  in that  respect  is subject  to compliance  with  Community 

Competition  law; in  particular,  such  procedures  should  not  result  in  any  price  fixing  or 

market  sharing;  these  procedures  are  to  be  promoted  through  market  mechanisms,  e.g. 

through  Memoranda  of  Understanding  between  the  organisations  supplying  PSDSs,  in 

accordance with  t h is  Recommendation; 

Whereas in order to promote  Europe-wide  operation by service providers using PSDSs it 

is desirable to allow for a system where the called party pays for the calls on the basis of the 

number called,  allowing  the  offering  of  free-of-charge  calls  to  the  subscriber  accessing  the 

service offered  by the provider (green number); 

Whereas  in  order  to  promote  the  use  of  PSDSs  by small-and  medium-size  providers  of 

value-added  services  it  is  desirable  to  establish  billing  arrangements  which  facilitate  such 

operations  across  the  Community;  such  billing  arrangements  should  allow  for  a  system 

where the cost of  the value-added  service and  the cost  of  the call  are combined  in a single 

bill collected by the organisation  supplying  PSDSs ("Kiosk  type  arrangement"); 

Whereas  it  is  important  in  this  context  that  appropriate  allocation  of  harmonised 

numbering capacity  is made to allow the establishment  of such  service  arrangements  across 

the  Community;  such  allocation  should  be  made  in  accordance  with  the  principles  of 

transparency and equality of treatment; 

Whereas  quality  of  service  as  perceived  by  the  users  is  an  essential  aspect  of  packet-

switching; 

Whereas  m  accordance  with  Directive  90/3N7/KI;C,  tariffs  should  be  based  on  objective 

criteria,  taking  into  account  that  in  a  competitive  environment  tariffs  v. ill  align  with  cost; 

they  must  be  transparent  and  properly  published,  thev  must  be  sufficiently  unbundled  in 

accordance  with  the  competition  rules  of  the  Treaty  and  thev  must  be  non-discriminatorv 

OJ  No  C  S?.7,  29.12.1VV.'J,  p . I V- 

l i st 

of 

st nr.d.ir ck 

r vf  <•; ••n.v 

f.ic *•-.-: 

- M c h od  p u b l ic  d..t; 

n e t w o r k s. 

-  13  -

and guarantee  equality of  treatment; 

Whereas a  high  level of data  protection  should  be applied  to  PSDSs equivalent  to  the  level 

of  protection  for  other  public  digital  telecommunications  services;  such  requirements 

should  be taken  into account  in the implementation  of  PSDSs; 

Whereas  other  offerings,  provided  by organisations  supplying  PSDSs,  in addition  to  those 

provided  in  accordance  with  the  provisions  of  this  Recommendation,  should  not 

impede 

the 

provision  of the minimum  set.; 

Whereas  in  conformity  with  the  principle  of  separation  of  regulatory  and  operational 

functions  and  in  application  of  the  principle  of  subsidiarity,  the  national  regulatory 

authority  of  each  Member  State  should  play  an  important  role  in  the  implementation  of 

this  Recommendation; 

Whereas  to  enable  the  Commission  to  monitor 

the 

implementation  of 

t h is 

Recommendation,  Member  States  should  p r o v i de 

the  r e l e v a nt 

i n f o r m a t i o n, 

-  14  -

HEREBY  RECOMMENDS: 

1. 

That  Member  States  ensure 

the  provision  of  a  minimum  set  of  PSDSs  with 

harmonised  technical  characteristics  in  accordance  with  Annex  I,  taking  account  of 

market  demand. 

2. 

That  the  Commi.ssion  determine 

the  modifications  necessary  to  adapt  Annex  I to  new 

technical  developments  and  to  changes  in  market  demand  in  accordance  with  Article  9 

of  Directive  9 0 / 3 8 7 / E E C. 

3. 

That  Member  States  ensure  that  information  in  respect  of  the  PSDSs  provided  in 

accordance  with  point  1 on  technical  characteristics,  general  supply  conditions,  usage 

conditions,  tariffs  and  the  conditions  for  the  attachment  of  terminal  equipment  is 

published  in  accordance  with  the  presentation  given  in Annex  II. 

4. 

That  the  general  supply  conditions  referred  to  in  point  3  include  at  least: 

- 

the  typical  delivery  periods,  which  are  the  periods,  counted  from  the  date  from 

which  the  user  makes  a  firm  request  for  the  service  in  question,  in  which  80  percent 

of  the  demands  for  the  PSDSs has  been put  through  to  the  users. 

Each  period  shallbeestablished  on  the  basis  of  the  actual  delivery  periods  of  the 

PSDSs in  question  during  a  recent 

time 

interval  of  reasonable  duration.  The 

calculation  must  not  include  cases  where  late  delivery  periods  were  requested  bv 

users.  For  new  type's of  PSDSs  a  target  deliverv  period  shall  be  published  instead  of 

the  typical  delivei y pei  iod; 

- 

the  contractual  pei iods  .  which  include  the  peiiods  which  are  in  general  l a id  down 

for  the  contracts  and  the  minimum  contractual  periods  which  the  user  is  obliged  to 

accept  for  the  PSDSs; 

-  15  -

the  typical  repair  times  ,  which  are  the  periods,  counted  from  the  time  when  a 

failure  message  has  been  given  to  the  responsible  unit  within  the  organizations 

supplying  PSDSs  up  to  the  moment,  in  which  80  percent  of  the  reported  PSDSs 

have  been  repaired  and  notified  back  in  operation  to  the  user.  For  new  types  of 

PSDSs  a  target  repair  time  period  shall  be  published  instead  of  the  typical  repair 

time.  Where  different  classes  of  quality  of  repair  are  offered  for  the  same  PSDS, 

the different  typical repair times shall be published. 

the refund policy, 

indicators for quality of service established  in accordance with point 6. 

5.  That  Member  States,  taking  into  account  the  work  of  CEPT5  ,  note  the  value  and 
promote  the  establishment,  in conformity  with  the  procedural  and  substantive  rules of 

the  Treaty  and  in  consultation  with  users,  of  harmonised  procedures  for  user  access 

the  PSDSs, in particular via  the establishment  of the following  procedures: 

-  a  common  ordering  procedure,  i.e.  an  ordering  procedure  for  the  procurement  of 

intra-community  PSDSs  which  ensures  that  there  is  commonality  across  the 

organizations  supplying  PSDSs  in  the  information  that  has  to  be  supplied  by  the 

user  and  the  organization  supplying  PSDSs,  and  in  the  format 

in  which  the 

information  is presented; 

-  a  one  stop  ordering  procedure,  i.e.  a  system  whereby  all  transactions  involving  a 

user,  required  for  the  procurement  of  intra-community  PSDSs  supplied  by  more 

than  one organization,  can  be completed  between  the  user  and  a single  organization 

supplying  PSDSs; 

-  a  one-stop-billing  procedure,  i.e.  a  system  whereby  the  payment  transaction  for 

intracommunity  PSDSs  supplied  by more  than  one  organization  to a single  user can 

be  completed  at  one  location  between  the  user  and  a  single: organization  supplying 

PSDSs, and 

3 

One-stop shopping  Service  Specific  Schedule  for PSf'OM, CAC Oct. V0, 

-  16  -

-  a one-stop-maintenance  procedure, i.e. a system whereby the reporting of  faults for 

intracommunity PSDSs supplied by more than one organization  to a single user can 

be  done  at  one  location  between  the  user  and  a  single  organization  supplying 

PSDSs, which will take full responsibility for restoration of service. 

These  procedures  should  include  the  establishment  of  Community  -  wide  service 

arrangements allowing for: 

-  a capability where the called party pays for the calls (Green Number); 

-  a capability  where  the  cost  of  the value-added  service  and  the cost  of  the  call  are 

combined  in a single bill collected  by the organisation  supplying PSDSs  (Kiosk  type 

arrangements). 

These  procedures  are  to  be  promoted  through  market  mechanisms,  e.g.  through  a 

Memorandum  of  Understanding  open  to  all  organisations  supplying  PSDSs  in 

accordance with  t h is  Recommendation. 

6.  That common  indicators  for the network performance  aspects  of the quality of  service 

and  common  measurement  methods  be  adopted,  notably  for  those  indicators  in 

Annex III. 

7.  That  the  national  regulatory  authorities  ensure  the  availability  of  periodic,  statistical 

reports  showing  the  performance  in  relation  to  the  quality  of  service  indicators,  in 

accordance  with  point  6, at  least  for  each calendar  year,  from  1  January  1993. 

8.  That  tariffs  be  based  on  objective  criteria  and 

independent  of  the  type  of 

application  implemented  by the  users  of  the  PSDSs,  where  the  same  type  of  facilities 

are  used. 

-  17  -

9.  That the tariffs for PSDSs normally contain  the following elements : 

-an initial Charge, 

-a periodic  Rental Charge, 

-a  usage  charge,  including  normally  a  fixed  per  call  charge  based  either  on  a 

minimum  time  and/or  volume  charge  or  a  call  set-up  charge,  a  volume  related 
charge  based  on  the  use  of  an  integral  number  of  segments0  ,  and  a  duration 
related charge based on an interval of time sufficiently  short to avoid  discrimination 

against short type transactions. 

Where  other  tariff  elements  are  applied,  these  must  be  transparent  and  based  on 

objective criteria. 

10.  That  the  national  regulatory  authorities  notify  the  Commission  before  31  December 

1991 of  the  organizations  which  provide  PSDSs  in accordance  with 

this Recommendation, and thereafter of any changes to this information. 

11.  That  the  national  regulatory  authorities  ensure  the  availability  of  summary  reports  in 

particular with  regard  to  the availability  of  PSDSs  provided  in  accordance  with  point 

1, the  implementation  of  the general  supply  conditions  under  points  3 and  4  and  the 

reports  under  point  7 at  least  for  each calendar  year and  that  the  summary reports  be 

sent  to  the  Commission  no  later  than  3  months  after  the  end  of  the  annual  reporting 

period. 

12.  That  the  national  regulatory  authority  ensure  the  establishment  of  an  ea.sy  procedure 

for  users  of  packet-switched  data  services  to  invoke  with  regard  to  any  difficulties 

encountered  in  relation  to  the  objectives  of  this  Recommendation,  in  particular  in 

connection  with  points  1 . 3 , 4 ,6  and  0; 

A  segment 

is  up 

to  M  o > . i e ts  ( or  b y t e s)  of  uSIM  <iit.i  where 

t h"  o c t et 

is  8 

r j i t s. 

-  18  -

13.  That  the  Commission  examine 

the  progress  of  the  work  in  implementing  this 

Recommendation, in consultation with the ONP Committee, (in view of the fulfilment 

of the objectives of  Directive 90/387/EEC and) on the basis of the summary reports 

provided under point  11. 

Done at Brussels, 

For the Council 

The President 

-  19  -

ANNEX I 

DEFINITION  OF A COMMUNITY  WIDE  MINIMUM  SET  OF  PACKET  SWITCHED 

DATA  SERVICES  WITH  HARMONISED  TECHNICAL  CHARACTERISTICS  IN 

ACCORDANCE WITH POINT  1 AND TIMETABLE FOR THEIR AVAILABILITY 

A  GENERAL  CONSIDERATIONS 

The  Recommendation  aims  at  the  harmonised  provision  of  a  minimum  set  of  PSDSs 

in  accordance  with  Open  Network  Provision  principles  to  users  in  order  to  facilitate 

the development  of  European  wide services. 

These services  should: 

i)be  made available  on  an  adequately  unbundled  basis  in order  to give users  maximum 

flexibility. 

ii)be structured  in the  following way (on  a service basis): 

ONP  Core  Offering 

-  access/  feature  set(s) which  must  be offered  by all  networks; 

-  user  selects  (one)  set  in order  to  have  the  basic  service 

-  set  to be  tariffed  as a  bundle. 

ONP  User Options 

-  feature  offered  by all  networks  on  an  individual  basis: 

-  feature  which  may be selected  by  user; 

-  may  in  specific  cases substitute  Core  offerings  features. 

iii)take  into  account  technological  development  and  the  growth  in  availability  of 

features  not  considered  in the  proposed  service. 

-  20 

-

B 

STANDARDS TO BE APPLICABLE 

The  standards  applicable  for  this  minimum  set  of  PSDSs  with  harmonised  technical 

characteristics  are  in  particular  those  in  the  indicative  list  of  packet  switched  public 
in  the  Official  Journal1  , 

data  networks  standards  suitable  for  ONP  published 

accordingly  to  the procedure  in Article 5 ( 1) of  Directive  90/387/EEC. 

C  TECHNICAL  CHARACTERISATION  OF  EACH  SERVICE AND TIMETABLE  FOR 

IMPLEMENTATION 

C.l.  OFFERINGS  TO  BE PROVIDED AT THE LATEST  BY 31 DECEMBER  1991 

SERVICE 

OFFERING 

CORE OFFERING 

access  link data  rates  : 2400, 
4800, 9600 bit/s 

support of DTEs conforming  with 
CEPT T/TE  08-011, CEPT T/TE  08-032 and  in 
conformance with ETS T/TE  04-063 

X.25 

layer  3 for VC,  (1 logical  channel) 

USER  OPTIONS 

additional  logical channels  at  least 
to a total of  32  for 9600 bit/s 

options  indicated4  in CEPT T/TE  08-02s 
as E or EA 

OJ  No  C  327,  29.12.1970,  p. 19-  List  of  st.ifvj.irds  reference-  Packet  switched  public  dat; 

networks 

- 21 -

Cl 

(CONT.) 

X.286 
dial-in only 

CORE OFFERING 

access  link data  rate  300 bit/s  (V.21 modem) 
1200 bit/s  (V.22 modem) 

X.28  standard  terminal  profiles 

Support  of DTEs conforming with CEPT T/TE  08-025, 
CEPT T/TE  08-032 and  ENV  419017 

USER  OPTIONS 

NUI 

additional  standardised 
profiles  selection8 

reverse  charging8 

CORE  OFFERING 

for national  use 
at least one of  the  two sets : 
1) 2400 bit/s  (V.22 bis or V.32  modem) 
2) 4800, 9600 bit/s  (V.32 modem) 

1 or more  logical  channels 

reverse  charging 

VC operation 

Support of DTEs conforming with  CEPT T/TE  08-025, 
CEPT T/TE  08-032  and  ETS T/TD  08-06v 

CORE OFFERING 

data  rates  and modem.'; as per 

un i denti fi ed case 

identification by NUI  or XII) 

support  of DTEs as per unidentified  case 

1. or more  logical  channel , Vf." operation 

X.32 
UNIDENTIFIED 
SERVICE 

X.32 
iDENTIFlED 
SERVICE 

di a 1 - in only 

-  2? -

C.2. 

OFFERINGS  TO  BE PROVIDED AT THE LATEST  BY 31 JUNE  1992 

SERVICE 

OFFERING 

X.25 

CORE OFFERING 

access  link data rate 48000 bit/s or 64000 bit/s 

USER  OPTIONS 

additional  logical  channels 
at  least  to a total of  128 
for 48000 or 64000 bit/s 

Hunt Group 

Call  redirection within  a network 
with  the same DNIC 

Extended  interrupt 

CCITT  specified  DTE  facilities 

Intra-conununity use  of 
CUG  facilities 

Called  Line Address  modified  notifications 

C.3. 

OFFERINGS TO BE PROVIDED AT THE LATEST BY 31 DECEMBER 1992 

SERVICE 

OFFERING 

X.25 

X.28 
L - i. n  o 111 y 

USER  OPTIONS 

I n t r a - c o m m u n i ty  use.  of 

rev< 

ch a r g in g  fa c i 1i  t  ie s 

CORE OFFERING 

access  ) ink da; a r,.: e  : 2V)0 b 

(V.22 bis mod.-;:-; 

USER  OPT TONS 

I tit. ra  - commun  i : v 
cb/i v,\  i n.-'  ! 

i ; 

X.32 
LW IDENTIFIED 
SERVICE 

CORE OFFERING 

Intra-community  use of  the  service 

-  23  -

I larmonizalion of the dedicated  packet-mode access to a packet switched public data network  (PSPDNs) for OSI 

2 

General  Intcrworking and service aspects of packet  switched data  networks 

Approval  requirements  for data  terminal equipment  to connect  to packet switched public data networks using CCi'fT  Recommendation  X.25  (1984) 

Iixccpt  : 

Call  redirection  within a network with the same  DNIC 

International  use of CUG  facilities 

International  use of  reverse charging  facilities 

Hunt  Group 

Called  line address  modified  notification 

Rxtcndcd  interrupt 

CCrrr specified  DTK  facilities 

Intcrworking aspects of  packet  switched  public data  networks 

6.  The  X.2S messages  are  not  intended  for  automatic  DTE  operation  and  as  a  consequence  may  be  nationally  dependent.  The  progressive 
implementation  of  X.3  (1988)  and  X.28  (1988) will  allow  to  set  a  X.3  parameter  to  determine  whether  CCITT  standardized  or  national 
messages shall  be used  at  the  interface. 

7 

Infornialion  System  Interconnection. 

X.29-modc  procedures  between  a packet  mode  DTK or a  PAD and a  PAD via a public or private X.25 packet  switched data  network  or  ISO  8208 packet  level entity and  ISO 

7776 link  level  entity.  X.3  character-mode  access  via  a public or private  PAD  attached  to an X.25  packet  switched  network or  ISO 8208  packet  level entity  and  ISO  7776 link 

level entity.  X.28 character-mode  access via a telephonic circuit or data circuit  to a PAD. 

for  national  use 

9 

I larmonizalion  of  switched  access  to  PSPDN  for OSI end systems 

-  24"  -

ANNEX  II 

PUBLICATION  PRESENTATION  FOR  THE  INFORMATION  TO  BE  PROVIDED 

IN  RESPECT  OF  PACKET  SWITCHED  DATA  SERVICES  IN  ACCORDANCE 

WITH POINT 3 

The  information  referred  to  in  Point  3  of  the  Recommendation  shall  follow  the 

presentation  given  below. 

A  TECHNICAL  CHARACTERISTICS 

The  technical  characteristics  include  the  physical  and  electrical  characteristics  as  well 

as  the  detailed  technical  and  performance  specifications  which  apply  at  the  network 

termination  point,  without  prejudice  to  the  Council  Directive  83/189/EEC^  laying 

down  a procedure  for  the  provision  of  information  in the  field  of  technical  standards 

and regulations. Clear reference  shall be  made to the standards  implemented. 

B  GENERAL SUPPLY  CONDITIONS 

The general  supply conditions shall  include  at  least  the  elements  identified  in  Point 4. 

C  USAGE  CONDITIONS 

The conditions  resulting  from  the application  of  essential  requirements. 

I)  TARIFFS 

The  tariffs  will  normally  include  the  Initial  Charge,  the  Periodic  Rental  Charge  and 

the  Usage  Charge  (including,  normally,  a  per  call  charge,  a vol  :;ne  related  charge  and 

a  duration  related  charge).  Cleai  indication  of  other  charges.  ••.<;. charges  related  to 

quality  of service,  or  bulk  provision,  should  be  available. 

2 

OJ  No  L  109,  2 6 . 4 . 1 9 3 3,  p.3 

-  25  -

E  LICENSING  AND/  OR  DECLARATION  CONDITIONS  FOR  USE  OF  PSDSs 

WHERE APPLICABLE 

F  CONDITIONS FOR THE ATTACHMENT OF TERMINAL EQUIPMENT 

-  26 

-

ANNEX  III 

INDICATORS  FOR THE NETWORK  PERFORMANCE ASPECTS  OF THE QUALITY 

OF SERVICE OF  PSDSs 

Common  indicators  for  the  network  performance  aspects  of  the  quality  of  service  of 

PSDSs  and  common  measurement  methods  should  be  adopted  in  order  to  allow  for 

the  determination  of  a  representative  sample  of  the  performance  of  user's  direct 

access  to  the  PSDSs  as well  as  the  end-to-end  statistical  performance  achieved  by  the 

network  as a whole. 

Such  indicators  for  the  network  performance  a.spects  of  the  quality  of  service  of 

PSDSs  and  measurement  methods should  be based  on  the ongoing work  in CEPT,  and 
notably  on  Recommendations  T/CAC  23,  T/CAC  3 A,  T/CAC  45  . 

For  each  of  the  above  performance  criteria,  indicators  should  be  chosen  which  are 

representative  of the  service: 

Availability 

Unsuccessful  Network  Congestion  (NC)  calls ratio  (UNCR), 

Service  availability, 

Dependability 

Mean  time  between  NC disconnections  (MTNC), 

Speed  of service 

Transmitted  throughput  (TIT), 

Received  throughput  (RTP), 

•J 

Indicators  for  the  network  performer ire  ;r;|>"ct-;  of  ?h-.-  tpality  of  -, e " v i r. e  of  internat ional 

packet  switched  services 

^ 

Monitoring  of  network  performance  aspects  of  rp.it ity  J'  int-.-rrvitiun.il  :.v;ket  switched  service 

using  internally  derived  indicators 

5 

Monitoring  of  network  performance  aspects  of  quality  of  inrern.ition.il  :.i'ket  switched  service 

using  externally  derived  indicators 

-  27 

-

Round trip delay (RTD), 

Call set-up delay (CSD). 

Results of  network performance  measurements should be made publicly available, so 

that  users  of  PSDSs  can  be  informed  about  the  achieved  levels of  performance  for 

national  and  European  services.These  statistics  should  permit  comparison  with  the 

established  target values  for network  performance,  to be  published  under  Point  3 of 

the Recommendation. 

-  28 

-

Round trip delay (RTD), 

Call set-up delay (CSD). 

Results of network performance  measurements should be made publicly available, so 

that  users  of  PSDSs can  be  informed  about  the  achieved  levels  of  performance  for 

national  and  European  services.These  statistics  should  permit  comparison  with  the 

estabUshed target values  for network  performance,  to be  published  under Point  3 of 

the Recommendation. 

ISSN 0254-1475 

COM(91) 208 final 

DOCUMENTS 

SN 

JLLf 

15 

Catalogue number : CB-CO-91-267-EN-C 

ISBN 92-77-73506-6 

Office for Official Publications of the European  Communities 

Lr-2985 Luxembourg