Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment
Modified by
  • Commission Decisionof 22 December 2000on amendment of Annex III to Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment(notified under document number C(2000) 4078)(Text with EEA relevance)(2001/22/EC), 32001D0022, January 10, 2001
  • Directive 2002/21/EC of the European Parliament and of the Councilof 7 March 2002on a common regulatory framework for electronic communications networks and services (Framework Directive), 32002L0021, April 24, 2002
Directive 98/10/EC of the European Parliament and of the Councilof 26 February 1998on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment CHAPTER ISCOPE, AIM AND DEFINITIONS
Article 1Scope and Aim1.This Directive concerns the harmonisation of conditions for open and efficient access to and use of fixed public telephone networks and fixed public telephone services in an environment of open and competitive markets, in accordance with the principles of open network provision (ONP).The aims are to ensure the availability throughout the Community of good quality fixed public telephone services and to define the set of services to which all users, including consumers, should have access in the context of universal service in the light of specific national conditions, at an affordable price.2.This Directive does not apply to public mobile telephone networks and public mobile telephone services, with the exception of Articles 6, 9(b) and (c), 10 and 11(1).3.This Directive replaces Directive 95/62/EC.
Article 2Definitions1.The definitions given in Directive 90/387/EEC shall apply, where relevant to this Directive.2.For the purposes of this Directive:(a)"users" means individuals, including consumers, or organisations using or requesting publicly available telecommunications services;(b)"consumer" means any natural person who uses a publicly available telecommunications service for purposes which are outside his or her trade, business or profession;(c)"subscriber" shall mean any natural or legal person who or which is party to a contract with the provider of publicly available telecommunications services for the supply of such services;(d)"public pay-telephone" means a telephone available to the general public, for the use of which the means of payment are coins and/or credit/debit cards and/or pre-payment cards;(e)"voice telephony service" means a service available to the public for the commercial provision of direct transport of real-time speech via the public switched network or networks such that any user can use equipment connected to a network termination point at a fixed location to communicate with another user of equipment connected to another termination point;(f)"universal service" means a defined minimum set of services of specified quality which is available to all users independent of their geographical location and, in the light of specific national conditions, at an affordable price;(g)"national regulatory authority" means the body or bodies in each Member State entrusted by that Member State with, inter alia, the regulatory functions addressed in this Directive;(h)"ONP Committee" means the Committee created by Article 9(1) of Directive 90/387/EEC;(i)"organisation with significant market power" means an organisation authorised to provide fixed public telephone networks and/or voice telephony services in a Member State which, for the purpose of this Directive, has been designated by the national regulatory authority in that Member State as having significant market power and notified to the Commission.An organisation shall be presumed to have significant market power when it has a share of 25 % or more of the relevant market in the geographical area in a Member State within which it is authorised to operate.National regulatory authorities may determine that an organisation with a market share of less than 25 % in the relevant market has significant market power. They may also determine that an organisation with a market share of more than 25 % in the relevant market does not have significant market power. In either case, the determination shall take into account the organisation's ability to influence market conditions, its turnover relative to the size of the market, its control of the means of access to end-users, its access to financial resources and its experience in providing products and services in the market.3.For the purposes of this Directive:(a)The terms "fixed public telephone network" and "public mobile telephone network" are described in Annex I of Directive 97/33/EC on Interconnection.(b)The term "publicly available telephone services" includes both fixed public telephone services and public mobile telephone services.Fixed public telephone services, as indicated in Annex I part I of Directive 97/33/EC on Interconnection, may include — in addition to voice telephony service — access to emergency "112" services, the provision of operator assistance, directory services, provision of public pay phones, provision of service under special terms and/or provision of special facilities for customers with disabilities or with special social needs, as set out in this Directive, but does not include value added services provided over the public telephone network.
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