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Directive (EU) 2018/1972 of the European Parliament and of the CouncilShow full title

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (Text with EEA relevance)

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ANNEX ILIST OF CONDITIONS WHICH MAY BE ATTACHED TO GENERAL AUTHORISATIONS, RIGHTS OF USE FOR RADIO SPECTRUM AND RIGHTS OF USE FOR NUMBERING RESOURCES

This Annex provides for the maximum list of conditions which may be attached to general authorisations for electronic communications networks and services, except number-independent interpersonal communications services (Part A), electronic communications networks (Part B), electronic communications services, except number-independent interpersonal communications services (Part C), rights of use for radio spectrum (Part D), and rights of use for numbering resources (Part E)

A.General conditions which may be attached to a general authorisation

1.

Administrative charges in accordance with Article 16.

2.

Personal data and privacy protection specific to the electronic communications sector in accordance with Directive 2002/58/EC

3.

Information to be provided under a notification procedure in accordance with Article 12 and for other purposes as included in Article 21.

4.

Enabling of legal interception by competent national authorities in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC.

5.

Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes.

6.

Terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities.

7.

Access obligations other than those provided for in Article 13 applying to undertakings providing electronic communications networks or services.

8.

Measures designed to ensure compliance with the standards or specifications referred to in Article 39.

9.

Transparency obligations on providers of public electronic communications network providing publicly available electronic communications services to ensure end-to-end connectivity, in accordance with the objectives and principles set out in Article 3 and, where necessary and proportionate, access by competent authorities to such information needed to verify the accuracy of such disclosure.

B.Specific conditions which may be attached to a general authorisation for the provision of electronic communications networks

1.

Interconnection of networks in accordance with this Directive.

2.

‘Must carry’ obligations in accordance with this Directive.

3.

Measures for the protection of public health against electromagnetic fields caused by electronic communications networks in accordance with Union law, taking utmost account of Recommendation 1999/519/EC.

4.

Maintenance of the integrity of public electronic communications networks in accordance with this Directive including by conditions to prevent electromagnetic interference between electronic communications networks or services in accordance with Directive 2014/30/EU.

5.

Security of public networks against unauthorised access in accordance with Directive 2002/58/EC.

6.

Conditions for the use of radio spectrum, in accordance with Article 7(2) of Directive 2014/53/EU, where such use is not made subject to the granting of individual rights of use in accordance with Article 46(1) and Article 48 of this Directive.

C.Specific conditions which may be attached to a general authorisation for the provision of electronic communications services, except number-independent interpersonal communications services

1.

Interoperability of services in accordance with this Directive.

2.

Accessibility by end-users of numbers from the national numbering plan, numbers from the UIFN and, where technically and economically feasible, from numbering plans of other Member States, and conditions in accordance with this Directive.

3.

Consumer protection rules specific to the electronic communications sector.

4.

Restrictions in relation to the transmission of illegal content in accordance with Directive 2000/31/EC and restrictions in relation to the transmission of harmful content in accordance with Directive 2010/13/EU.

D.Conditions which may be attached to rights of use for radio spectrum

1.

Obligation to provide a service or to use a type of technology within the limits of Article 45 including, where appropriate, coverage and quality of service requirements.

2.

Effective and efficient use of radio spectrum in accordance with this Directive.

3.

Technical and operational conditions necessary for the avoidance of harmful interference and for the protection of public health against electromagnetic fields, taking utmost account of Recommendation 1999/519/EC where such conditions are different from those included in the general authorisation.

4.

Maximum duration in accordance with Article 49, subject to any changes in the National Frequency Allocation Plan.

5.

Transfer or leasing of rights at the initiative of the holder of the rights and conditions for such transfer in accordance with this Directive.

6.

Fees for rights of use in accordance with Article 42.

7.

Any commitments which the undertaking obtaining the rights of use has made in the framework of an authorisation or authorisation renewal process prior to the authorisation being granted or, where applicable, to the invitation for application for rights of use.

8.

Obligations to pool or share radio spectrum or allow access to radio spectrum for other users in specific regions or at national level.

9.

Obligations under relevant international agreements relating to the use of radio spectrum bands.

10.

Obligations specific to an experimental use of radio spectrum bands.

E.Conditions which may be attached to rights of use for numbering resources

1.

Designation of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply in the specific number range for the purposes of ensuring consumer protection in accordance with point (d) of Article 3(2).

2.

Effective and efficient use of numbering resources in accordance with this Directive.

3.

Number portability requirements in accordance with this Directive.

4.

Obligation to provide public directory end-user information for the purposes of Article 112.

5.

Maximum duration in accordance with Article 94, subject to any changes in the national numbering plan.

6.

Transfer of rights at the initiative of the holder of the rights and conditions for such transfer in accordance with this Directive, including any condition that the right of use for a number be binding on all the undertakings to which the rights are transferred.

7.

Fees for rights of use in accordance with Article 95.

8.

Any commitments which the undertaking obtaining the rights of use has made in the course of a competitive or comparative selection procedure.

9.

Obligations under relevant international agreements relating to the use of numbers.

10.

Obligations concerning the extraterritorial use of numbers within the Union to ensure compliance with consumer protection and other number-related rules in Member States other than that of the country code.

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