CELEX: 52001PC0369
Language: en
Date: 2001-07-04
Title: Amended proposal for a Directive of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

25.9.2001               EN                       Official Journal of the European Communities                                           C 270 E/161
              Amended proposal for a Directive of the European Parliament and of the Council on access to, and
                        interconnection of, electronic communications networks and associated facilities (1)
                                                               (2001/C 270 E/24)
                                                            (Text with EEA relevance)
                                                 COM(2001) 369 final  2000/0186(COD)
                            (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 4 July 2001)
              (1) OJ C 365 E, 19.12.2000, p. 215.
                             INITIAL PROPOSAL                                                          AMENDED PROPOSAL
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE                              Unchanged
EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and Social                     Having regard to the opinion of the Economic and Social
Committee,                                                                  Committee (1),
Having regard to the opinion of the Committee of the Regions,               Having regard to the opinion of the Committee of the
                                                                            Regions (2),
Acting in accordance with the procedure laid down in Article                Unchanged
251 of the Treaty,
Whereas:
 (1) Directive [. . ./. . ./EC of the European Parliament and of
     the Council of . . . on a common regulatory framework
     for electronic communications networks and services,]
     lays down the objectives of a regulatory framework to
     cover electronic communications networks and services
     in the Community, including fixed and mobile telecom-
     munications networks, cable television networks,
     networks used for terrestrial broadcasting, satellite
     networks and Internet networks, whether used for voice,
     fax, data or images. Such networks may have been auth-
     orised by Member States under Directive [. . ./. . ./EC of
     the European Parliament and of the Council of . . . on
     the authorisation of electronic communications networks
     and services] or have been authorised under previous
     regulatory measures. The provisions of this Directive
     apply to those networks that are used for the commercial
     provision of publicly available electronic communications
     services or for transmission of broadcasting signals. This
     Directive covers access and interconnection arrangements
     between service suppliers. It does not apply to networks
     used for the provision of communications services
     available only to a specific end-user or to a closed user
     group, nor does it deal with access for end-users or others
     who are not supplying publicly available services.
                                                                            ___________
                                                                            (1) OJ C 123, 25.4.2001, p. 50.
                                                                            (2) OJ C (by letter of 16.2.2001 the Regions Committee has indicated
                                                                                that it will not deliver its opinion on this Directive).
 ---pagebreak--- C 270 E/162            EN                      Official Journal of the European Communities                                     25.9.2001
                           INITIAL PROPOSAL                                                       AMENDED PROPOSAL
  (2) The term access has a wide range of meanings, and it is
      therefore necessary to define precisely how that term is
      used in this Directive, without prejudice to how it may be
      used in other Community measures. The term operator
      implies control of the relevant network or facilities, but
      does not imply ownership; a network operator may own
      the underlying network or facilities or may rent some or
      all of them.
  (3) Directive 95/47/EC of the European Parliament and of the
      Council of 24 October 1995 on the use of standards for
      the transmission of television signals (1) did not mandate
      any specific digital television transmission system or
      service requirement, and this opened an opportunity for
      the market actors to take the initiative and develop
      suitable systems. Through the Digital Video Broadcasting
      Group, European market actors have developed a family
      of television transmission systems that have been adopted
      by broadcasters throughout the world. These trans-
      missions systems have been standardised by the
      European Telecommunications Standards Institute (ETSI)
      and have become International Telecommunications
      Union Recommendations. In relation to wide screen
      digital television, the 16:9 aspect ratio is the reference
      format for wide-format television services and
      programmes, and is now established in Member States’
      markets as a result of Council Decision 93/424/EEC of
      22 July 1993 on an action plan for the introduction of
      advanced television services in Europe (2).
  (4) In an open and competitive market, there should be no                (4) In an open and competitive market, there should be no
      restrictions that prevent undertakings from negotiating                  restrictions that prevent undertakings from negotiating
      access and interconnection arrangements between them-                    access and interconnection arrangements between them-
      selves, in particular on cross border agreements, subject to             selves, in particular on cross border agreements, subject to
      the competition rules of the Treaty. In markets where                    the competition rules of the Treaty. In the context of
      there continue to be large differences in negotiating                    achieving a more efficient, truly pan-European market,
      power between undertakings, and where some under-                        with effective competition, more choice and competitive
      takings rely on infrastructure provided by others for                    services to consumers, undertakings which receive
      delivery of their services, it is appropriate to establish a             requests for access or interconnection should in
      framework to ensure that the market functions effectively.               principle conclude such agreements on a commercial
      National regulatory authorities should have the power to                 basis and negotiate in good faith. In markets where
      secure, where commercial negotiation fails, adequate                     there continue to be large differences in negotiating
      access and interconnection and interoperability of                       power between undertakings, and where some under-
      services in the interest of end-users. This would be the                 takings rely on infrastructure provided by others for
      case for example if network operators were to unreas-                    delivery of their services, it is appropriate to establish a
      onably restrict end-user choice for access to Internet                   framework to ensure that the market functions effectively.
      portals and services. The use of ex-ante rules by national               National regulatory authorities should have the power to
      regulatory authorities should be limited to those areas                  secure, where commercial negotiation fails, adequate
      where ex-post application of the remedies available                      access and interconnection and interoperability of
      under competition law cannot achieve the same results                    services in the interest of end-users. This would be the
      in the same time-scale.                                                  case for example if network operators were to unreas-
___________
(1) OJ L 281, 23.11.1995, p. 51.
(2) OJ L 196, 5.8.1993, p. 48.
 ---pagebreak--- 25.9.2001            EN                      Official Journal of the European Communities                                  C 270 E/163
                         INITIAL PROPOSAL                                                       AMENDED PROPOSAL
                                                                             onably restrict end-user choice for access to Internet
                                                                             portals and services. The use of ex-ante rules by national
                                                                             regulatory authorities should be limited to those areas
                                                                             where ex-post application of the remedies available
                                                                             under competition law cannot achieve the same results
                                                                             in the same time-scale.
 (5) National legal or administrative measures that link the            Unchanged
     terms and conditions for access or interconnection to
     the activities of the party seeking interconnection, and
     specifically to the degree of its investment in network
     infrastructure, and not to the interconnection or access
     services provided, may cause market distortion and may
     therefore not be compatible with competition rules. In
     any case national regulatory authorities should take into
     account the case-law of the Court of Justice and Court of
     First Instance of the European Communities and may not
     confirm pricing practices or prices contrary to Article
     81(1) or Article 82 of the Treaty.
 (6) Network operators who control access to their own
     customers do so on the basis of unique numbers or
     addresses from a published numbering or addressing
     range. Other network operators need to be able to
     deliver traffic to those customers, and so need to be
     able to interconnect directly or indirectly to each other.
     The existing rights and obligations to negotiate intercon-
     nection should therefore be maintained. It is also appro-
     priate to maintain the obligations formerly laid down in
     Directive 95/47/EC requiring all electronic communi-
     cations networks used for the distribution of digital
     television services to be capable of distributing wide-
     screen television services and programmes, so that users
     are able to receive such programmes in the format in
     which they were transmitted.
 (7) Directive 95/47/EC provided an initial regulatory                   (7) Competition rules alone may not be sufficient to ensure
     framework for the nascent digital television industry                   cultural diversity and media pluralism in the area of
     which should be maintained, including in particular the                 digital television. Directive 95/47/EC provided an initial
     obligation to provide conditional access on fair, reasonable            regulatory framework for the nascent digital television
     and non-discriminatory terms. Technological and market                  industry which should be maintained, including in
     developments make it necessary to review these obli-                    particular the obligation to provide conditional access
     gations on a regular basis, in particular to determine                  on fair, reasonable and non-discriminatory terms, in
     whether there is justification for extending obligations to             order to make sure that a wide variety of programming
     new gateways, such as electronic programme guides                       and services is available. Technological and market devel-
     (EPGs) and applications program interfaces (APIs) for the               opments make it necessary to review these obligations on
     benefit of European citizens.                                           a regular basis, in particular to determine whether there is
                                                                             justification for extending obligations to new gateways,
                                                                             such as electronic programme guides (EPGs) and
                                                                             applications program interfaces (APIs) for the benefit of
                                                                             European citizens.
 ---pagebreak--- C 270 E/164            EN                       Official Journal of the European Communities                                     25.9.2001
                           INITIAL PROPOSAL                                                          AMENDED PROPOSAL
  (8) In order to ensure continuity of existing agreements and               (8) In order to ensure continuity of existing agreements and
      to avoid a legal vacuum, it is necessary to ensure that                    to avoid a legal vacuum, it is necessary to ensure that
      obligations for access and interconnection imposed                         obligations for access and interconnection imposed
      under Articles 4, 6, 7, 8, 11, 12, and 14 of Directive                     under Articles 4, 6, 7, 8, 11, 12, and 14 of Directive
      97/33/EC of the European Parliament and of the                             97/33/EC of the European Parliament and of the
      Council of 30 June 1997 on interconnection in telecom-                     Council of 30 June 1997 on interconnection in telecom-
      munications with regard to ensuring universal service and                  munications with regard to ensuring universal service and
      interoperability through application of the principles of                  interoperability through application of the principles of
      Open Network Provision (ONP) (1), as amended by                            Open Network Provision (ONP) (1), as amended by
      Directive 98/61/EC (2), obligations on special access                      Directive 98/61/EC (2), obligations on special access
      imposed under Article 16 of Directive 98/10/EC of the                      imposed under Article 16 of Directive 98/10/EC of the
      European Parliament and of the Council of 26 February                      European Parliament and of the Council of 26 February
      1998 on the application of open network provision (ONP)                    1998 on the application of open network provision (ONP)
      to voice telephony and on universal service for telecom-                   to voice telephony and on universal service for telecom-
      munications in a competitive environment (3), and obli-                    munications in a competitive environment (3), and obli-
      gations concerning the provision of leased line trans-                     gations concerning the provision of leased line trans-
      mission capacity under Council Directive 92/44/EEC of                      mission capacity under Council Directive 92/44/EEC of
      5 June 1992 on the application of open network                             5 June 1992 on the application of open network
      provision to leased lines (4), as last amended by                          provision to leased lines (4), as last amended by
      Commission Decision No 98/80/EC (5), are initially                         Commission Decision No 98/80/EC (5), are initially
      carried over into the new regulatory framework, but are                    carried over into the new regulatory framework, but are
      subject to immediate review in the light of prevailing                     subject to immediate review in the light of prevailing
      market conditions. Such a review should also extend to                     market conditions. Such a review should also extend to
      those organisations covered by Regulation of the                           those organisations covered by Regulation (EC)
      European Parliament and of the Council of on                               2887/2000 of the European Parliament and of the
      unbundled access to the local loop. The review should                      Council of 18 December 2000 on unbundled access to
      be carried out using an economic market analysis based                     the local loop (6). The review should be carried out using
      on competition law methodology. The aim is to reduce                       an economic market analysis based on competition law
      ex-ante sector specific rules progressively as competition in              methodology. The aim is to reduce ex-ante sector specific
      the market develops. However the procedure also takes                      rules progressively as competition in the market develops.
      account of the possibility of new bottlenecks arising as a                 However the procedure also takes account of the possi-
      result of technological development, which may require                     bility of new bottlenecks arising as a result of tech-
      ex-ante regulation, for example in the area of broadband                   nological development, which may require ex-ante regu-
      access networks. It may well be the case that competition                  lation, for example in the area of broadband access
      develops at different speeds in different market segments                  networks. It may well be the case that competition
      and in different Member States, and national regulatory                    develops at different speeds in different market segments
      authorities should be able to relax regulatory obligations                 and in different Member States, and national regulatory
      in those markets where competition is delivering the                       authorities should be able to relax regulatory obligations
      desired results. In order to ensure that market players in                 in those markets where competition is delivering the
      similar circumstances are treated in similar ways in                       desired results. In order to ensure that market players in
      different Member States, the Commission should be able                     similar circumstances are treated in similar ways in
      to ensure harmonised application of the provisions of this                 different Member States, the Commission should be able
      Directive. The Community and its Member States have                        to ensure harmonised application of the provisions of this
      taken commitments on interconnection of telecommuni-                       Directive. The Community and its Member States have
      cations networks in the context of the World Trade                         taken commitments on interconnection of telecommuni-
      Organisation agreement on basic telecommunications                         cations networks in the context of the World Trade
      that need to be respected.                                                 Organisation agreement on basic telecommunications
                                                                                 that need to be respected.
                                                                           ___________
___________                                                                (1) OJ L  199, 26.7.1997, p. 32.
(1) OJ L  199, 26.7.1997, p. 32.                                           (2) OJ L  268, 3.10.1998, p. 37.
(2) OJ L  268, 3.10.1998, p. 37.                                           (3) OJ L  101, 1.4.1998, p. 24.
(3) OJ L  101, 1.4.1998, p. 24.                                            (4) OJ L  165, 19.6.1992, p. 27.
(4) OJ L  165, 19.6.1992, p. 27.                                           (5) OJ L  14, 20.1.1998, p. 27.
(5) OJ L  14, 20.1.1998, p. 27.                                            (6) OJ L  336, 30.12.2000, p. 4.
 ---pagebreak--- 25.9.2001              EN                       Official Journal of the European Communities                  C 270 E/165
                          INITIAL PROPOSAL                                                   AMENDED PROPOSAL
  (9) Directive 97/33/EC laid down a range of obligations to be            Unchanged
      imposed on undertakings with significant market power,
      namely transparency, non-discrimination, accounting
      separation, access, and price control including cost orien-
      tation. This range of possible obligations should be main-
      tained but, in addition, they should be established as a set
      of maximum obligations that can be applied to under-
      takings, in order to avoid over-regulation. Exceptionally,
      in order to comply with international commitments or
      Community law it may be appropriate to impose obli-
      gations for access or interconnection on all market
      players, as is currently the case for conditional access
      systems for digital television services. In all cases, ex-ante
      regulation is only justified where the remedies available
      under competition rules cannot achieve the desired results
      as quickly.
(10) Transparency of terms and conditions for access and inter-
      connection, including prices, serve to speed up
      negotiation, avoid disputes, and give confidence to
      market players that a service is not being provided on
      discriminatory terms. Openness and transparency of
      technical interfaces can be particularly important in
      ensuring interoperability.
(11) The principle of non-discrimination ensures that under-
      takings with market power do not distort competition, in
      particular where they are vertically integrated under-
      takings that supply services to competitors with whom
      they compete on downstream markets.
(12) Accounting separation allows internal price transfers to be
      rendered visible, and allows national regulatory authorities
      to check compliance with obligations for non-discrimi-
      nation where applicable. In this regard the Commission
      published Recommendation 98/322/EC of 8 April 1998
      on interconnection in a liberalised telecommunications
      market (Part 2  accounting separation and cost
      accounting) (1).
(13) Mandating access to network infrastructure can be
      justified as a means of increasing competition, but
      national regulatory authorities need to balance the rights
      of an infrastructure owner to exploit its infrastructure for
      its own benefit, and the rights of other service providers
      to access facilities that are essential for the provision of
      competing services. The imposition by national regulatory
      authorities of mandated access that increases competition
      in the short term should not reduce incentives for
      competitors to invest in alternative facilities that will
      secure more competition in the long term. The
      Commission has published a Notice on the application
      of the competition rules to access agreements in the tele-
      communications sector (2), which addresses these issues.
___________
(1) OJ L 141, 13.5.1998, p. 6.
(2) OJ C 265, 22.8.1998, p. 2.
 ---pagebreak--- C 270 E/166            EN                       Official Journal of the European Communities                  25.9.2001
                           INITIAL PROPOSAL                                                  AMENDED PROPOSAL
(14) Price control may be necessary when market analysis in a
      particular market reveals inefficient competition. The
      regulatory intervention may be relatively light, such as
      an obligation that prices for carrier selection are
      reasonable as laid down in Directive 97/33/EC, or much
      heavier such as an obligation that prices are cost oriented
      to provide full justification for those prices where
      competition is not sufficiently strong to prevent
      excessive pricing. In particular operators with significant
      market power should avoid a price squeeze whereby the
      difference between their retail prices and the intercon-
      nection prices charged to competitors who provide
      similar retail services is not adequate to ensure sustainable
      competition. In its Recommendation 98/195/EC of
      8 January 1998 on interconnection in a liberalised tele-
      communications market (Part 1  interconnection
      pricing) (1), the Commission recommended the use of
      long-run average incremental costs, as the basis for inter-
      connection prices in the Community that serves to
      promote efficiency and sustainable competition.
(15) Publication of information by Member States will ensure
      that market players and potential market entrants
      understand their rights and obligations, and know where
      to find the relevant detailed information. Publication in
      the National Gazette helps interested parties in other
      Member States to find the relevant information.
(16) In order to determine the correct application of
      Community law, the Commission needs to know which
      undertakings have been designated as having significant
      market power and what obligations have been placed
      upon market players by national regulatory authorities.
      In addition to national publication of this information,
      it is therefore necessary for Member States to send this
      information to the Commission.
(17) Given the pace of technological and market developments,
      the implementation of this Directive should be reviewed
      within three years of its entry into force to determine if it
      is meeting its objectives.
(18) Since the measures necessary for the implementation of
      this Directive are measures of general scope within the
      meaning of Article 2 of Council Decision 1999/468/EC of
      28 June 1999 laying down the procedures for the exercise
      of implementing powers conferred on the Commission (2),
      they should be adopted by use of the regulatory
      procedure provided for in Article 5 of that Decision,
___________
(1) OJ L 73, 12.3.1998, p. 42.
(2) OJ L 184, 17.7.1999, p. 23.
 ---pagebreak--- 25.9.2001             EN                       Official Journal of the European Communities                                  C 270 E/167
                          INITIAL PROPOSAL                                                         AMENDED PROPOSAL
HAVE ADOPTED THIS DIRECTIVE:
                             CHAPTER I
                 SCOPE, AIM AND DEFINITIONS
                               Article 1
                          Scope and aim
1.    Within the framework set out in Directive [on a common
regulatory framework for electronic communications networks
and services], this Directive harmonises the way in which
Member States regulate access to, and interconnection of, elec-
tronic communications networks and associated facilities. The
aim is to establish a regulatory framework, in accordance with
internal market principles, for the market between suppliers of
networks and services that will result in sustainable
competition, interoperability of services and consumer benefits.
2.     The Directive establishes rights and obligations for under-
takings owning or operating public communications networks
and associated facilities, and undertakings seeking intercon-
nection and/or access to those networks or associated facilities.
It sets out objectives for national regulatory authorities with
regard to network access and interconnection, and lays down
procedures to ensure that obligations imposed by national
regulatory authorities are reviewed and where appropriate
withdrawn once the desired objectives have been achieved.
                               Article 2
                            Definitions
The definitions in Directive [on a common regulatory
framework for electronic communications networks and
services] shall apply, where relevant.
The following definitions shall also apply:
(a) access means the making available of facilities and/or              (a) access means the making available of facilities and/or
    services, to another undertaking, under defined conditions,               services, to another undertaking, under defined conditions,
    on either an exclusive or non-exclusive basis, for the                    on either an exclusive or non-exclusive basis, for the
    purpose of providing electronic communications services.                  purpose of providing electronic communications services.
    It covers inter alia: access to network elements and                      It covers inter alia: access to network elements and
    associated facilities and services, which may involve the                 associated facilities and services, which may involve the
    connection of equipment, by wire or wireless means;                       connection of equipment, by fixed or non-fixed means,
    access to physical infrastructure including buildings, ducts              including in particular access to the local loop and to
    and masts; access to software systems including operational               facilities and services necessary to provide services over
    support systems; access to number translation or systems                  the local loop; access to physical infrastructure including
    offering equivalent functionality; access to mobile networks,             buildings, ducts and masts; access to software systems
    in particular for roaming; access to conditional access                   including operational support systems; access to number
    systems for digital television services. Interconnection is a             translation or systems offering equivalent functionality;
 ---pagebreak--- C 270 E/168           EN                     Official Journal of the European Communities                                     25.9.2001
                         INITIAL PROPOSAL                                                       AMENDED PROPOSAL
    specific type of access implemented between public                      access to fixed and mobile networks, in particular for
    network operators. Access in this Directive does not refer              national and international roaming; access to conditional
    to access by end-users.                                                 access systems for digital television services and to elec-
                                                                            tronic programme guides. Interconnection is a specific
                                                                            type of access implemented between public network
                                                                            operators. Access in this Directive does not refer to
                                                                            access by end-users.
(b) interconnection means the physical and logical linking of         (b) interconnection means the physical and logical linking of
    public electronic communications networks used by the                   public electronic communications networks used by the
    same or a different undertaking in order to allow the                   same or a different undertaking in order to allow the
    users of by one undertaking to communicate with users                   users of a network provided by one undertaking to
    of the same or another undertaking, or to access services               communicate with users of a network provided by the
    provided by another undertaking. Services may be provided               same or another undertaking, or to access services
    by the parties involved or other parties who have access to             provided by another undertaking. Services may be
    the network.                                                            provided by the parties involved or other parties who
                                                                            have access to the network.
(c) operator means an undertaking providing, operating or             Unchanged
    controlling a publicly available electronic communications
    network or an associated facility such as a conditional
    access system, by means of which it can restrict or deny
    service providers’ access to the end-user or the end-user’s
    choice of services.
(d) wide-screen digital television service means a television
    service that consists wholly or partially of programmes
    produced and edited to be displayed in a full height wide-
    screen format using anamorphic expansion. The 16:9
    format is the reference format for wide-screen television
    services.
(e) end-user means a user not providing publicly available
    electronic communications networks or services.
                                                                        (f) local loop means the circuit connecting the network termi-
                                                                            nation point at the subscriber’s premises to the main
                                                                            distribution frame or equivalent facility in a fixed public
                                                                            communications network.
                            CHAPTER II                                  Unchanged
      GENERAL FRAMEWORK FOR REGULATING ACCESS
                    AND INTERCONNECTION
                              Article 3
    General framework for access and interconnection
1.     Member States shall ensure that there are no restrictions
which prevent undertakings in the same Member State or in
 ---pagebreak--- 25.9.2001            EN                       Official Journal of the European Communities                                      C 270 E/169
                         INITIAL PROPOSAL                                                        AMENDED PROPOSAL
different Member States from negotiating between themselves
agreements on technical and commercial arrangements for
access and/or interconnection, in accordance with
Community law. The undertaking requesting access or inter-
connection does not need to be authorised to operate in the
Member State where access or interconnection is requested,
where it is not providing services in that Member State.
2.     Without prejudice to Article 26 of Directive [on universal
service and users’ rights relating to electronic communications
networks and services], Member States shall not maintain legal
or other administrative measures obliging operators, when
granting network access or interconnection, to offer different
terms and conditions to different undertakings for the same
services, and/or imposing obligations that are not related to
the actual access and interconnection services provided.
                              Article 4
           Rights and obligations for undertakings
1.    All undertakings authorised to operate electronic                  1.    All undertakings authorised by virtue of a general auth-
communications networks for the provision of publicly                    orisation pursuant to Directive EC . . ./. . . [on the authorisation
available electronic communications services shall have a                of electronic communications networks and services] and
right and, when requested by other undertakings so authorised,           operating electronic communications networks for the
an obligation to negotiate interconnection with each other for           provision of publicly available electronic communications
the purpose of providing the services in question, in order to           services shall have a right and, when requested by other under-
ensure provision and interoperability of services throughout             takings authorised in any Member State, an obligation to
the Community.                                                           negotiate interconnection with each other for the purpose of
                                                                         providing the services in question, in order to ensure provision
                                                                         and interoperability of services throughout the Community.
                                                                         Operators shall offer access and interconnection on terms
                                                                         consistent with the relevant decisions of national regulatory
                                                                         authorities pursuant to Article 5 to 8.
2.     Electronic communications networks used for the                   Unchanged
distribution of digital television services shall be capable of
distributing wide-screen television services and programmes.
Network operators that receive and re-distribute wide-screen
television services or programmes shall maintain that wide
screen format.
 ---pagebreak--- C 270 E/170          EN                       Official Journal of the European Communities                                       25.9.2001
                        INITIAL PROPOSAL                                                         AMENDED PROPOSAL
3.    Without prejudice to Article 11 of Directive on [author-
isation of electronic communications networks and services],
national regulatory authorities shall ensure that undertakings
that acquire information from another undertaking during the
process of negotiating access or interconnection arrangements
use that information solely for the purpose for which it was
supplied and respect at all times the confidentiality of
information transmitted or stored. The information shall not
be passed on to any other party, in particular other
departments, subsidiaries or partners, for whom such
information could provide a competitive advantage.
                                                                         National regulatory authorities shall be granted powers by
                                                                         Member States to impose penalties for non-compliance with
                                                                         the provision of the previous sub-paragraph.
                             Article 5                                   Unchanged
   Powers and responsibilities of the national regulatory
   authorities with regard to access and interconnection
1.    National regulatory authorities shall, acting in pursuit of        1.     National regulatory authorities shall, acting in pursuit of
the objectives set out in Article 7 of Directive [on a common            the objectives set out in Article 7 of Directive [on a common
regulatory framework for electronic communications networks              regulatory framework for electronic communications networks
and services], encourage and secure adequate network access              and services], take all reasonable measures to ensure where
and interconnection, and interoperability of services, exercising        appropriate the integrity of the networks, encourage and
their responsibility in a way that promotes efficiency,                  secure adequate network access and interconnection, interoper-
sustainable competition, and gives the maximum benefit to                ability of services and end-to-end connectivity of services
end-users.                                                               designated as universal services, exercising their responsibility
                                                                         in a way that promotes efficiency, sustainable competition, and
                                                                         gives the maximum benefit to end-users.
2.    Member States shall ensure that national regulatory auth-          2.     Member States shall ensure that national regulatory auth-
orities are empowered to impose the obligations identified in            orities are empowered to impose the obligations identified in
Article 6, to 13 of this Directive on operators that have been           Article 6, on operators of conditional access systems, and in
designated as having significant market power in a relevant              Articles 7 to 13 of this Directive on operators that have been
market. In the absence of agreement between undertakings                 designated as having significant market power in a relevant
on access and interconnection arrangements, Member States                market. In a competitive market, interconnection of and
shall ensure that the national regulatory authority is                   access to networks should in principle be agreed on the basis
empowered to intervene at the request of either of the                   of commercial negotiation between the companies concerned.
parties involved or at its own initiative, taking account of the         In the absence of agreement between undertakings on access
policy objectives and procedures included in Articles 6, 7, and          and interconnection arrangements, Member States shall ensure
13 to 18 of Directive [on a common regulatory framework for              that the national regulatory authority is empowered to
electronic communications networks and services].                        intervene at the request of either of the parties involved or
                                                                         at its own initiative, taking account of the policy objectives
                                                                         and procedures included in Articles 6, 7, and 13 to 18 of
                                                                         Directive [on a common regulatory framework for electronic
                                                                         communications networks and services].
 ---pagebreak--- 25.9.2001             EN                      Official Journal of the European Communities                                   C 270 E/171
                          INITIAL PROPOSAL                                                       AMENDED PROPOSAL
                                                                         2a.    Member States shall ensure that, where an analysis
                                                                         carried out in accordance with Article 14 of Directive [on a
                                                                         common regulatory framework for electronic communications
                                                                         networks and services] establishes that there is effective
                                                                         competition in a specific market, national regulatory authorities
                                                                         withdraw any ex ante obligations imposed upon operators in
                                                                         respect of that market pursuant to Articles 7 to 13.
                             CHAPTER III                                 Unchanged
   OBLIGATIONS ON OPERATORS AND MARKET REVIEW
                           PROCEDURES
                               Article 6
Conditional access systems and other associated facilities
1.    Member States shall ensure that, in relation to conditional        1.    Member States shall ensure that, in relation to conditional
access to digital television services broadcast to viewers in the        access to digital television services broadcast to viewers in the
Community, irrespective of the means of transmission, the                Community, irrespective of the means of transmission, the
conditions laid down in Part I of the Annex apply.                       conditions laid down in Part I of the Annex I apply.
2.    Conditions relating to access to other associated facilities       2.    Where required by market and technological devel-
referred to in Part II of the Annex may be adopted in                    opments, action will be taken by the Commission to extend
accordance with the procedure referred to in Article 14(2).              the contents of part I of Annex I, in consultation with the
                                                                         Communications Committee, acting in accordance with the
                                                                         procedure referred to in Article 14(2), in particular to take
                                                                         account of other associated facilities such as those listed in
                                                                         part II of Annex I and new and emerging associated facilities.
3.    In the light of market and technological developments,             3.    In the light of market and technological developments,
the Annex may be amended in accordance with the procedure                Annex I may be amended in accordance with the procedure
referred to in Article 14(2).                                            referred to in Article 14(2).
                               Article 7                                 Unchanged
        Review of former obligations for access and
                         interconnection
1.    Member States shall maintain all obligations on under-             1.    Member States shall maintain all obligations on under-
takings providing publicly available electronic communications           takings providing publicly available electronic communications
networks concerning access and interconnection that were in              networks concerning access and interconnection that were in
force prior to the date of entry into force of this Directive            force prior to the date of entry into force of this Directive
under Articles 4, 6, 7, 8, 11, 12, and 14 of Directive                   under Articles 4, 6, 7, 8, 11, 12, and 14 of Directive
97/33/EC, Article 16 of Directive 98/10/EC, Articles 7 and 8             97/33/EC, Article 16 of Directive 98/10/EC, Articles 7 and 8
of Directive 92/44/EC and Article 3 of Regulation referring to           of Directive 92/44/EC and deriving from Article 3 of Regu-
unbundled access to the local loop until such time as these              lation (EC) 2887/2000 referring to unbundled access to local
obligations have been reviewed and a determination made in               loops made of twisted metallic pairs, until such time as these
accordance with paragraph 3.                                             obligations have been reviewed and a determination made in
                                                                         accordance with paragraph 3.
 ---pagebreak--- C 270 E/172           EN                      Official Journal of the European Communities                                     25.9.2001
                         INITIAL PROPOSAL                                                       AMENDED PROPOSAL
2.     The relevant markets for the obligations referred to in           Unchanged
paragraph 1 will be included in the initial Decision on
Relevant Product and Service Markets to be published by the
Commission in accordance with the procedure laid down in
Article 14 of Directive [on a common regulatory framework
for electronic communications networks and services].
3.     Member States shall ensure that, immediately following
the entry into force of this Directive, and periodically
thereafter, national regulatory authorities undertake a market
analysis, in accordance with the procedure laid down in Article
14 of Directive [on a common regulatory framework for elec-
tronic communications networks and services] to determine
whether to maintain, amend or withdraw these obligations.
An appropriate period of notice shall be given to parties
affected by such amendment or withdrawal of obligations.
                              Article 8
   Imposition, amendment or withdrawal of obligations
1.    Where an operator is deemed to have significant market
power on a specific market as a result of a market analysis
carried out in accordance with Article 14 of Directive [on a
common regulatory framework for electronic communications
networks and services], national regulatory authorities shall
impose one or more of the obligations set out in Articles 9
to 13 of this Directive as appropriate, in order to avoid
distortions of competition. The specific obligation(s) imposed
shall be based on the nature of problem identified.
                                                                         National regulatory authorities shall not impose obligations
                                                                         under this Article where they are satisfied that there is
                                                                         effective competition. To this end, market analysis should be
                                                                         carried out regularly. Without prejudice to the provisions of
                                                                         paragraph 2, the obligations set out in Articles 9 to 13 of this
                                                                         Directive shall only be imposed on undertakings designated as
                                                                         having significant market power in a relevant market.
2.     National regulatory authorities may, without prejudice to         Unchanged
the provisions of Article 6, impose on operators, including
operators other than those with significant market power, the
obligations set out in Article 9 to 13 in relation to intercon-
nection, in order to comply with international commitments.
Exceptionally, with the prior agreement of the Commission,
national regulatory authorities may impose on operators with
significant market power obligations for access or intercon-
nection that go beyond those set out in Articles 9 to 13 of
this Directive, provided that all such obligations are justified in
the light of the objectives laid down in Article 1 of this
Directive and in Article 7 of Directive [on a common regu-
latory framework for electronic communications networks and
services], and are proportionate to the aim pursued.
 ---pagebreak--- 25.9.2001             EN                     Official Journal of the European Communities                                   C 270 E/173
                         INITIAL PROPOSAL                                                      AMENDED PROPOSAL
                                                                        2a.    Obligations imposed in accordance with this article shall
                                                                        be based on the nature of the problem identified, and shall be
                                                                        proportionate and justified in the light of the objectives laid
                                                                        down in article 7 of Directive [on a common regulatory
                                                                        framework for electronic communications networks and
                                                                        services]. Such obligations shall only be imposed following
                                                                        consultation in accordance with Article 6 of that Directive.
                                                                        National regulatory authorities shall consider the decision’s
                                                                        impact on all the undertakings present on the market, inter
                                                                        alia on the basis of quantitative market data analysis, with a
                                                                        view to ensuring that it will not deter investment and
                                                                        destabilise new operators and market entry, which would
                                                                        make it difficult to preserve a sustainable competitive
                                                                        environment.
3.    In relation to the first subparagraph of paragraph 2,             3.    In relation to the first subparagraph of paragraph 2,
national regulatory authorities shall notify decisions to               national regulatory authorities shall notify draft decisions to
impose, modify or withdraw obligations on market players to             impose, modify or withdraw obligations on market players to
the Commission, in accordance with the procedures in Article            the Commission, in accordance with the procedures in Article
6(2), (3) and (4) of Directive on [a common regulatory                  6(2), (3) and (4) of Directive on [a common regulatory
framework for electronic communications networks and                    framework for electronic communications networks and
services].                                                              services].
                                                                        3a.    Before withdrawing an obligation from an operator,
                                                                        national regulatory authorities shall give operators with inter-
                                                                        connection and access arrangements with that operator,
                                                                        adequate notice to enable them to find alternative service
                                                                        providers or to re-negotiate a commercial agreement under
                                                                        the new basis.
                              Article 9                                 Unchanged
                  Obligation of transparency
1.    National regulatory authorities may, in accordance with           1.    National regulatory authorities may, in accordance with
the provisions of Article 8, impose obligations for transparency        the provisions of Article 8, impose obligations for transparency
in relation to interconnection and/or network access, requiring         in relation to interconnection and/or network access, requiring
operators to make publicly available specified information, such        operators to make publicly available specified information, such
as technical specifications, network characteristics, terms and         as technical specifications, network characteristics (including
conditions for supply and use, and prices.                              specific information on possible changes that might be made
                                                                        to the networks), terms and conditions for supply and use, and
                                                                        prices, provided that the information is not confidential.
2.    In particular where an operator has obligations of                Unchanged
non-discrimination, national regulatory authorities may
require that operator to publish a reference offer, sufficiently
unbundled, giving a description of the relevant offerings
broken down into components according to market needs,
and the associated terms and conditions including prices.
3.    National regulatory authorities may specify the precise
information to be made available, the level of detail required
and the manner of publication.
 ---pagebreak--- C 270 E/174          EN                        Official Journal of the European Communities                                      25.9.2001
                         INITIAL PROPOSAL                                                          AMENDED PROPOSAL
                                                                          3a.      Notwithstanding paragraph 3, where an operator has
                                                                          obligations under Article 12 concerning unbundled access to
                                                                          local loops made of twisted metallic pairs, national regulatory
                                                                          authorities shall ensure the publication of a reference offer
                                                                          containing at least the elements set out in Annex II. In the
                                                                          light of market and technological developments, Annex II
                                                                          may be amended in accordance with the procedures referred
                                                                          to in Article 14(2).
                             Article 10                                   Unchanged
              Obligation of non-discrimination
1.    A national regulatory authority may, in accordance with
the provisions of Article 8, impose obligations of non-discrimi-
nation, in relation to interconnection and/or network access.
2.    Obligations of non-discrimination shall ensure, in
particular, that the operator applies similar conditions in
similar circumstances to other undertakings providing similar
services, and provides services and information to others under
the same conditions and of the same quality as they provide for
their own services, or those of their subsidiaries or partners.
                             Article 11
             Obligation of accounting separation
1.    A national regulatory authority may, in accordance with
the provisions of Article 8, impose obligations for accounting
separation in relation to specified activities related to intercon-
nection and/or network access.
In particular, a national regulatory authority may require a
vertically integrated company to make transparent its
wholesale prices and its internal transfer prices, in situations
where a market analysis indicates that the operator concerned
provides input facilities that are essential to other service
providers, while competing itself on the same downstream
market.
2.    To facilitate the verification of compliance with obli-             2.      To facilitate the verification of compliance with obli-
gations of transparency, national regulatory authorities shall            gations of transparency, national regulatory authorities shall
have the power to require that accounting records, including              have the power to require that accounting records, including
data on revenues received from third parties, are provided on             data on revenues received from third parties, are provided on
request.                                                                  request. National regulatory authorities shall have the power to
                                                                          determine the accounting format in which this data are to be
                                                                          kept and to require auditing of these data in accordance with
                                                                          the standard laid down by the national regulatory authority
                                                                          itself.
National regulatory authorities may publish such information              Unchanged
as would contribute to an open and competitive market, while
respecting national and Community rules on commercial confi-
dentiality.
 ---pagebreak--- 25.9.2001              EN                      Official Journal of the European Communities                                    C 270 E/175
                          INITIAL PROPOSAL                                                        AMENDED PROPOSAL
                              Article 12
   Obligations of access to, and use of, specific network
                              facilities
1.     A national regulatory authority may, in accordance with            1.     A national regulatory authority may, in accordance with
the provisions of Article 8, impose obligations on operators to           the provisions of Article 8, impose obligations on operators to
grant access to, and use of, specific facilities and/or associated        grant access to, and use of, specific facilities and/or associated
services, inter alia in situations where the national regulatory          services, inter alia in situations where the national regulatory
authority considers that denial of access would hinder the                authority considers that denial of access or unreasonable terms
emergence of a sustainable competitive market at the retail               and conditions having a similar effect would hinder the
level, or would not be in the end-user’s interest.                        emergence of a sustainable competitive market at the retail
                                                                          level, or would not be in the end-user’s interest.
Operators may be required inter alia:                                     Unchanged
(a) to give third parties access to specified network elements
    and/or facilities;
(b) not to withdraw access to facilities already granted;
(c) to provide resale of specified services;
(d) to grant open access to technical interfaces, protocols or
    other key technologies that are indispensable for the inter-
    operability of services;
(e) to provide collocation or other forms of facility sharing,
    including duct, building or mast sharing;
(f) to provide specified services needed to ensure interoper-
    ability of end-to-end services to users, including facilities
    for intelligent network services or roaming on mobile
    networks;
(g) to provide access to operational support systems or similar
    software systems necessary to ensure fair competition in
    the provision of services;
(h) to interconnect networks or network facilities.
National regulatory authorities may attach to those obligations
conditions covering fairness, reasonableness, timeliness, trans-
parency and/or non-discrimination.
 ---pagebreak--- C 270 E/176            EN                       Official Journal of the European Communities                                       25.9.2001
                          INITIAL PROPOSAL                                                         AMENDED PROPOSAL
2.     When imposing the obligations referred in paragraph 1,              2.     When national regulatory authorities are considering
national regulatory authorities shall take account in particular           whether to impose the obligations referred in paragraph 1,
of:                                                                        and in particular when assessing whether such obligations
                                                                           would be proportionate to the objectives set out in Article 7
                                                                           of the Directive [on a common regulatory framework for elec-
                                                                           tronic communications networks and services], they shall take
                                                                           account in particular of the following factors:
(a) the technical and economic viability of using or installing            (a) the technical and economic viability of using or installing
    competing facilities, in the light of the rate of market devel-            competing facilities, in the light of the rate of market devel-
    opment;                                                                    opment, taking into account the nature and type of inter-
                                                                               connection and access involved;
(b) the feasibility of providing the access proposed, in relation          Unchanged
    to the capacity available;
(c) the initial investment by the facility owner, bearing in mind
    the risks involved in making the investment;
(d) the need to safeguard competition in the long term;
(e) where appropriate, any relevant intellectual property rights.
                                                                           National regulatory authorities shall consult with interested
                                                                           parties before deciding on access obligations. They shall give
                                                                           interested parties an opportunity to state their views on the
                                                                           factors listed before. When publishing a decision national regu-
                                                                           latory authorities must state how the views of interested parties
                                                                           have been heard and taken into account.
                              Article 13                                   Unchanged
        Price control and cost accounting obligations
1.    A national regulatory authority may, in accordance with              1.    A national regulatory authority may, in accordance with
the provisions of Article 8, impose price controls, including              the provisions of Article 8, impose price controls, including
obligations for cost orientation of prices and obligations                 obligations for cost orientation of prices and obligations
concerning cost accounting systems, for the provision of                   concerning cost accounting systems, for the provision of
specific types of interconnection and/or network access, in                specific types of interconnection and/or network access, in
situations where a market analysis indicates that a potential              situations where a market analysis indicates an existing and
lack of effective competition means that the operator                      durable market failure which means that the operator
concerned might be capable of sustaining prices at an                      concerned is capable of sustaining prices at an excessively
excessively high level, or applying a price squeeze, to the                high level for a non-transient period, or applying a lasting
detriment of end users.                                                    price squeeze, thereby preventing competition, to the
                                                                           detriment of end users.
National regulatory authorities shall take into account the                The imposition of price controls by the national regulatory
investment made by the operator and the risks involved.                    authority shall not negatively affect competition in the long
                                                                           term nor discourage investments in alternative infrastructures.
                                                                           National regulatory authorities shall take into account the
                                                                           investment made by the operator and the risks involved.
2.     National regulatory authorities shall ensure that any               Unchanged
pricing methodology that is mandated serves to promote effi-
ciency and sustainable competition and maximise consumer
benefits.
 ---pagebreak--- 25.9.2001              EN                     Official Journal of the European Communities                                 C 270 E/177
                           INITIAL PROPOSAL                                                     AMENDED PROPOSAL
3.     Where an operator has an obligation regarding the cost            3.    Where an operator has an obligation regarding the cost
orientation of its prices, the burden of proof that charges are          orientation of its prices, the burden of proof that charges are
derived from costs including a reasonable rate of return on              derived from costs including a reasonable rate of return on
investment shall lie with the operator concerned. National               investment shall lie with the operator concerned. For the
regulatory authorities may require an operator to provide full           purpose of determining the cost efficient provision of
justification for its prices, and may, where appropriate, require        services, national regulatory authorities may require the
prices to be adjusted.                                                   implementation of cost accounting methods independent of
                                                                         those used by the undertaking. National regulatory authorities
                                                                         may require an operator to provide full justification for its
                                                                         prices, and may, where appropriate, require prices to be
                                                                         adjusted.
4.     National regulatory authorities shall ensure that, where          Unchanged
implementation of a cost accounting system is mandated in
order to support price controls, a description of the cost
accounting system is made publicly available, showing at
least the main categories under which costs are grouped and
the rules used for the allocation of costs. Compliance with the
cost accounting system shall be verified by a qualified inde-
pendent body. A statement concerning compliance shall be
published annually.
                             CHAPTER IV
                    PROCEDURAL PROVISIONS
                               Article 14
                             Committee
1.     The Commission shall be assisted by the Communications
Committee instituted by Article 19 of Directive [on a common
regulatory framework for electronic communications networks
and services].
2.     Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and 8 thereof.
3.     The period provided for in Article 5(6) of Decision
1999/468/EC shall be three months.
                               Article 15
           Publication of, and access to, information
1.     Member States shall ensure that the specific obligations          1.    Member States shall ensure that the specific obligations
imposed on undertakings under this Directive are published               imposed on undertakings under this Directive are published
and that the specific product/service and geographical                   and that the specific product/service and geographical
markets are identified. They shall ensure that up-to-date                markets are identified. They shall ensure that up-to-date
information, and particularly does not comprise business                 information, provided that the information is not confidential,
secrets, is made publicly available in a manner that guarantees          and particularly does not comprise business secrets, is made
all interested parties easy access to that information.                  publicly available in a manner that guarantees all interested
                                                                         parties easy access to that information.
 ---pagebreak--- C 270 E/178           EN                      Official Journal of the European Communities                  25.9.2001
                         INITIAL PROPOSAL                                                  AMENDED PROPOSAL
2.     Member States shall send to the Commission a copy of all          Unchanged
such information published. The Commission shall make this
information available in a readily accessible form, and shall
distribute the information to the Communications Committee
and the High Level Communications Group as appropriate.
                             Article 16
                           Notification
1.    Member States shall notify to the Commission by
31 December 2001 at the latest the national regulatory auth-
orities responsible for the tasks set out in this Directive.
2.     National regulatory authorities shall notify to the
Commission the names of operators deemed to have significant
market power for the purposes of this Directive, and the obli-
gations imposed upon them under this Directive. Any changes
affecting the obligations imposed upon undertakings or of the
undertakings affected under the provisions of this Directive
shall be notified to the Commission without delay.
                             Article 17
                              Review
The Commission shall periodically review the functioning of
this Directive and report to the European Parliament and to the
Council, on the first occasion not later than three years after
the date of entry into force of this Directive. For this purpose,
the Commission may request from Member States information,
which shall be supplied promptly on request.
                             Article 18
                          Transposition
1.    Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at the latest. They shall
forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.
2.     Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field governed by this Directive and of any subsequent
amendments to those provisions.
 ---pagebreak--- 25.9.2001                EN                          Official Journal of the European Communities                  C 270 E/179
                             INITIAL PROPOSAL                                                     AMENDED PROPOSAL
                                 Article 19
                            Entry into force
This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.
                                 Article 20
                               Addressees
This Directive is addressed to the Member States.
                                  ANNEX I                                       Unchanged
     CONDITIONS FOR ACCESS TO DIGITAL TELEVISION
  SERVICES BROADCAST TO VIEWERS IN THE COMMUNITY
Part I  Conditions for conditional access systems to be applied
in accordance with Article 6(1)
In relation to conditional access to digital television services broadcast
to viewers in the Community, irrespective of the means of trans-
mission, Member States must ensure in accordance with Article 6
that the following conditions apply:
(a) conditional access systems operated on the market in the
    Community shall have the necessary technical capability for cost-
    effective transcontrol allowing the possibility for full control by
    network operators at local or regional level of the services using
    such conditional access systems;
(b) all operators of conditional access services, irrespective of the
    means of transmission, who produce and market access services
    to digital television services shall:
     offer to all broadcasters, on a fair, reasonable and non-discrimi-
        natory basis compatible with Community competition law,
        technical services enabling the broadcasters’ digitally-transmitted
        services to be received by viewers authorised by means of
        decoders administered by the service operators, and comply
        with Community competition law,
     keep separate financial accounts regarding their activity as
        conditional access providers.
(c) when granting licences to manufacturers of consumer equipment,
    holders of industrial property rights to conditional access products
    and systems shall ensure that this is done on fair, reasonable and
    non-discriminatory terms. Taking into account technical and
    commercial factors, holders of rights shall not subject the
    granting of licences to conditions prohibiting, deterring or
    discouraging the inclusion in the same product of:
     a common interface allowing connection with several other
        access systems, or
     means specific to another access system, provided that the
        licensee complies with the relevant and reasonable conditions
        ensuring, as far as he is concerned, the security of transactions
        of conditional access system operators.
 ---pagebreak--- C 270 E/180          EN                       Official Journal of the European Communities                                                     25.9.2001
                        INITIAL PROPOSAL                                                                AMENDED PROPOSAL
Part II  Other associated facilities to be considered under the
               review procedure in Article 6(2)
 Access to application program interfaces (APIs);
 Access to electronic programme guides (EPGs);                           Access to navigation systems, eg, electronic programme guides
                                                                              (EPGs);
                                                                          Access to digital radio services.
                                                                                                              ANNEX II
                                                                         MIMIMUM LIST OF ITEMS TO BE INCLUDED IN A REFERENCE
                                                                         OFFER FOR UNBUNDLED ACCESS TO LOCAL LOOPS MADE
                                                                         OF TWISTED METALLIC PAIRS TO BE PUBLISHED BY
                                                                                                   DESIGNATED OPERATORS
                                                                         A. Conditions for unbundled access to local loops made of
                                                                              twisted metallic pairs
                                                                              1. Network elements to which access is offered covering in
                                                                                  particular the following elements:
                                                                                  (a) access to the local loops;
                                                                                  (b) access to non-voice band frequency spectrum, in the case of
                                                                                       shared access to a metallic twisted pair;
                                                                              2. Information concerning the locations of physical access sites (1)
                                                                                  availability of local loops in specific parts of the access network;
                                                                              3. Technical conditions related to access and use of the local loops
                                                                                  including the technical characteristics of the twisted metallic
                                                                                  pair;
                                                                              4. Ordering and provisioning procedures, usage restrictions.
                                                                         B. Collocation services
                                                                             1. Information on the operator’s relevant sites (1)
                                                                             2. Collocation options at the sites indicated under point 1
                                                                                (including physical collocation and, as appropriate, distant collo-
                                                                                cation and virtual collocation);
                                                                             3. Equipment characteristics: restrictions, if any, on equipment that
                                                                                can be collocated;
                                                                             4. Security issues: measures put in place by designated operators to
                                                                                ensure the security of their locations;
                                                                         ___________
                                                                         (1) Availability of this information may be restricted to interested parties only, in
                                                                             order to avoid public security concerns.
 ---pagebreak--- 25.9.2001 EN                  Official Journal of the European Communities                                          C 270 E/181
             INITIAL PROPOSAL                                                        AMENDED PROPOSAL
                                                            5. Access conditions for staff of competitive operators;
                                                            6. Safety standards;
                                                            7. Rules for the allocation of space where collocation space is
                                                                limited;
                                                            8. Conditions for beneficiaries to inspect the locations at which
                                                                physical collocation is available, or sites where collocation has
                                                                been refused on grounds of lack of capacity.
                                                         C. Information systems
                                                            Conditions for access to operator’s operational support systems,
                                                            information systems or databases for pre-ordering, provisioning,
                                                            ordering, maintenance and repair requests and billing.
                                                         D. Supply conditions
                                                         1. Lead time for responding to requests for supply of services and
                                                            facilities; service level agreements, fault resolution, procedures to
                                                            return to a normal level of service and quality of service parameters;
                                                         2. Standard contract terms, including, where appropriate, compen-
                                                            sation provided for failure to meet lead times;
                                                         3. Prices or pricing formulae for each feature, function and facility
                                                            listed above.