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Directive 2009/136/EC of the European Parliament and of the CouncilShow full title

Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (Text with EEA relevance)

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After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

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Changes over time for: ANNEX I

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Version Superseded: 21/12/2020

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

ANNEX IU.K.

ANNEX IDESCRIPTION OF FACILITIES AND SERVICES REFERRED TO IN ARTICLE 10 (CONTROL OF EXPENDITURE), ARTICLE 29 (ADDITIONAL FACILITIES) AND ARTICLE 30 (FACILITATING CHANGE OF PROVIDER)

Part A:U.K.Facilities and services referred to in Article 10

(a)Itemised billingU.K.

Member States are to ensure that national regulatory authorities, subject to the requirements of relevant legislation on the protection of personal data and privacy, may lay down the basic level of itemised bills which are to be provided by undertakings to subscribers free of charge in order that they can:

(i)

allow verification and control of the charges incurred in using the public communications network at a fixed location and/or related publicly available telephone services; and

(ii)

adequately monitor their usage and expenditure and thereby exercise a reasonable degree of control over their bills.

Where appropriate, additional levels of detail may be offered to subscribers at reasonable tariffs or at no charge.

Calls which are free of charge to the calling subscriber, including calls to helplines, are not to be identified in the calling subscriber's itemised bill.

(b)Selective barring for outgoing calls or premium SMS or MMS, or, where technically feasible, other kinds of similar applications, free of chargeU.K.

i.e. the facility whereby the subscriber can, on request to the designated undertaking that provides telephone services, bar outgoing calls or premium SMS or MMS or other kinds of similar applications of defined types or to defined types of numbers free of charge.

(c)Pre-payment systemsU.K.

Member States are to ensure that national regulatory authorities may require designated undertakings to provide means for consumers to pay for access to the public communications network and use of publicly available telephone services on pre-paid terms.

(d)Phased payment of connection feesU.K.

Member States are to ensure that national regulatory authorities may require designated undertakings to allow consumers to pay for connection to the public communications network on the basis of payments phased over time.

(e)Non-payment of billsU.K.

Member States are to authorise specified measures, which are to be proportionate, non-discriminatory and published, to cover non-payment of telephone bills issued by undertakings. These measures are to ensure that due warning of any consequent service interruption or disconnection is given to the subscriber beforehand. Except in cases of fraud, persistent late payment or non-payment, these measures are to ensure, as far as is technically feasible that any service interruption is confined to the service concerned. Disconnection for non-payment of bills should take place only after due warning is given to the subscriber. Member States may allow a period of limited service prior to complete disconnection, during which only calls that do not incur a charge to the subscriber (e.g. ‘112’ calls) are permitted.

(f)Tariff adviceU.K.

i.e. the facility whereby subscribers may request the undertaking to provide information regarding alternative lower-cost tariffs, if available.

(g)Cost controlU.K.

i.e. the facility whereby undertakings offer other means, if determined to be appropriate by national regulatory authorities, to control the costs of publicly available telephone services, including free-of-charge alerts to consumers in case of abnormal or excessive consumption patterns.

Part B:U.K.Facilities referred to in Article 29

(a)Tone dialling or DTMF (dual-tone multi-frequency operation)U.K.

i.e. the public communications network and/or publicly available telephone services supports the use of DTMF tones as defined in ETSI ETR 207 for end-to-end signalling throughout the network both within a Member State and between Member States.

(b)Calling-line identificationU.K.

i.e. the calling party’s number is presented to the called party prior to the call being established.

This facility should be provided in accordance with relevant legislation on protection of personal data and privacy, in particular Directive 2002/58/EC (Directive on privacy and electronic communications).

To the extent technically feasible, operators should provide data and signals to facilitate the offering of calling-line identity and tone dialling across Member State boundaries.

Part C:U.K.Implementation of the number portability provisions referred to in Article 30

The requirement that all subscribers with numbers from the national numbering plan, who so request can retain their number(s) independently of the undertaking providing the service shall apply:

(a)

in the case of geographic numbers, at a specific location; and

(b)

in the case of non-geographic numbers, at any location.

This Part does not apply to the porting of numbers between networks providing services at a fixed location and mobile networks.

ANNEX IIINFORMATION TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 21(TRANSPARENCY AND PUBLICATION OF INFORMATION)

The national regulatory authority has a responsibility to ensure that the information in this Annex is published, in accordance with Article 21. It is for the national regulatory authority to decide which information is to be published by the undertakings providing public communications networks and/or publicly available telephone services and which information is to be published by the national regulatory authority itself, so as to ensure that consumers are able to make informed choices.U.K.

1.Name(s) and address(es) of undertaking(s)U.K.

i.e. names and head office addresses of undertakings providing public communications networks and/or publicly available telephone services.

2.

Description of services offeredU.K.

2.1.Scope of services offeredU.K.
2.2.Standard tariffs indicating the services provided and the content of each tariff element (e.g. charges for access, all types of usage charges, maintenance charges), and including details of standard discounts applied and special and targeted tariff schemes and any additional charges, as well as costs with respect to terminal equipment.U.K.
2.3.Compensation/refund policy, including specific details of any compensation/refund schemes offered.U.K.
2.4.Types of maintenance service offered.U.K.
2.5.Standard contract conditions, including any minimum contractual period, termination of the contract and procedures and direct charges related to the portability of numbers and other identifiers, if relevant.U.K.

3.Dispute settlement mechanisms, including those developed by the undertaking.U.K.

4.Information about rights as regards universal service, including, where appropriate, the facilities and services mentioned in Annex I.U.K.

ANNEX IIIQUALITY OF SERVICE PARAMETERSQuality-of-Service Parameters, Definitions and Measurement Methods referred to in Articles 11 and 22

For undertakings providing access to a public communications network

PARAMETER(Note 1)DEFINITIONMEASUREMENT METHOD
Supply time for initial connectionETSI EG 202 057ETSI EG 202 057
Fault rate per access lineETSI EG 202 057ETSI EG 202 057
Fault repair timeETSI EG 202 057ETSI EG 202 057

For undertakings providing a publicly available telephone service

Version number of ETSI EG 202 057-1 is 1.3.1 (July 2008)

Call set up time

(Note 2)

ETSI EG 202 057ETSI EG 202 057
Response times for directory enquiry servicesETSI EG 202 057ETSI EG 202 057
Proportion of coin and card operated public pay-telephones in working orderETSI EG 202 057ETSI EG 202 057
Bill correctness complaintsETSI EG 202 057ETSI EG 202 057

Unsuccessful call ratio

(Note 2)

ETSI EG 202 057ETSI EG 202 057

Note 1U.K.

Parameters should allow for performance to be analysed at a regional level (i.e. no less than level 2 in the Nomenclature of Territorial Units for Statistics (NUTS) established by Eurostat).

Note 2U.K.

Member States may decide not to require up-to-date information concerning the performance for these two parameters to be kept if evidence is available to show that performance in these two areas is satisfactory.

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