EU Framework Consultation Until 07/02/03

spongebob

(Thanks Highlight found them)

4 out of 5 are on the DCMNR Website, the 5th Directive on Data Protection is to be transposed 4 months later so lets leave that for the moment.,

The DCMNR are in consultation on the wording and content of these transpositions.......where EU Legal Babble is translated into Irish Legal Babble. To all intents and purposes these are like 4 Communications Acts , effective by late July 2003. The Irish Legal Babble becomes the LAW .

Framework Directive Transposition

USO Directive Transposition

Access Directive Transposition

Authorisation Directive Transposition

To submit a view on the wording and/or content of these Transposed Directives see Here


You have 2 weeks from now.

spongebob

The Euro wording has been made over in Irish legalese.

Regulation 7 means €ircon and possibly Vodafone

Title


quote:

---

Draft for Consultation,
December 2002
Draft of Regulations
Entitled
EUROPEAN COMMUNITIES (ELECTRONIC COMMUNICATIONS)(UNIVERSAL SERVICE AND USERS’ RIGHTS) REGULATIONS 2003

---

sexy legalese bit section 2.3.3 mmmmm love it already

quote:

---

(3) In these Regulations, unless the contrary intention appears -

(a) a reference to a Regulation is a reference to a Regulation of these Regulations; and

(b) a reference to a paragraph or subparagraph is reference to a paragraph or subparagraph of the provision in which the reference occurs.

---

Section 3.4 states that everybody is entitled to the following service on a landline...

quote:

---

(4) ComReg may, with the consent of the Minister, for the purposes of the services referred to in this Regulation, specify requirements to be complied with by an undertaking designated as aforesaid in relation to -

(a) functional Internet access, having regard to prevailing technologies used by the majority of subscribers and to technological feasibility,

---

Section 8 states that service provided under Section 3 must be affordable as follows

quote:

---

Affordability of tariffs

8. (1) ComReg shall monitor the evolution and level of retail tariffs of the services identified in Regulations 3, 4, 5, and 6 and provided by undertakings designated by ComReg under Regulation 7 in particular in relation to national consumer prices and income.

(2) ComReg may, with the consent of the Minister, specify requirements to be complied with by an undertaking designated by ComReg under Regulation 7 for the purpose of ensuring that such undertaking provides tariff options or packages to consumers which depart from those provided under normal conditions, in particular to ensure that those on low incomes or on special social needs are not prevented from accessing or using the publicly available telephone service.

---

Such Tariff Options can include FRIACO.....see the linkage between Functional Internet Access and Tariff Packages in the USO transposition.

Section 9 re-iterates this strongly. It establishes the principle of control of expenditure....remember €ircon and their recent Porn Dialler Tariff Packages caper.

Section 9.2.b states this entitlement to contol of expenditure as

quote:

---

(b) Selective call barring for outgoing calls, free of charge.

i.e. the facility whereby a subscriber can, on the request to the telephone service provider, bar outgoing calls of defined types or to defined types of numbers free of charge.

---

Section 14 is prime grade Rat Poison

quote:

---

Regulatory controls on retail markets

14. (1) Where -

(a) ComReg determines, as a result of a market analysis carried out by ComReg in accordance with Regulation 16 of the Framework Regulations, that a given retail market identified in accordance with Regulation 15 of the Framework Regulations is not effectively competitive, and
(b) ComReg concludes that obligations imposed under the Access Regulations or Regulation 16 of these Regulations would not result in the achievement of the objectives set out in section 12 of the Act of 2002

ComReg shall impose such obligations as it considers necessary to achieve those objectives on undertakings identified by ComReg under Regulation 16(4) of the Framework Regulations as having significant market power on a given retail market.

(2) Any obligations imposed by ComReg pursuant to paragraph (1) shall be based on the nature of the problem identified pursuant to the market analysis and be proportionate and justified in the light of the objectives set out in section 12 of the Act of 2002 and may include requirements to ensure that the undertaking concerned does not –

(a) charge excessive prices,
(b) inhibit market entry or restrict competition by setting predatory prices,
(c) show undue preference to specific end-users, or
(d) unreasonably bundle services

(3) ComReg may require an undertaking to which paragraph (1) applies to comply with

(i) measures to control individual tariffs, or
(ii) measures to orient tariffs towards costs or prices on comparable markets

---

Consultation ends 07/02/03 niall.osullivan@dcmnr.ie

M

fatherdougalmag

How does the final section render Sky's Digital service illegal? My interpretation of it is:

If anyone is providing a digital TV service they have to ensure that:
a) it uses a (European) standard descrambling algorithm
b) once descrambled, the picture is clear (unless whoever's
renting the equipment has breached rental conditions)

Unless Sky are using a non-European standard descram they don't appear to be affected by that. There's also no reason for NTL's and Chorus' digital service not to be included.

I must admit ignorance for not reading the entire text but based on the snippet posted, I don't think there's anything anti-Sky there.

Have I read it wrong?

Thanks for posting the main bits.

spongebob

Originally posted by fatherdougalmag
Unless Sky are using a non-European standard descram they don't appear to be affected by that. There's also no reason for NTL's and Chorus' digital service not to be included.

I think you mean This discussion

Cable crypto is excluded from the USO