Council of the European Union and European Parliament 11 December 2018, 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) Also known as
Directive (EU) 2018/1972 establishes the European Electronic Communications Code, aimed at creating a comprehensive legal framework for electronic communications networks and services across the EU. Key provisions include ensuring freedom to provide such services, promoting investment in high-speed broadband, and addressing the convergence of telecommunications and media sectors while maintaining a separation between content regulation and network services. The directive mandates national regulatory authorities to coordinate actions and adapt to technological advancements, ensuring effective consumer protection and a level playing field for market participants.AI
European Union ·
Table of Contents PART I. FRAMEWORK (GENERAL RULES FOR THE ORGANISATION OF THE SECTOR) TITLE I. SCOPE, AIM AND OBJECTIVES, DEFINITIONS CHAPTER I. Subject matter, aim and definitions Article 1. Subject matter, scope and aims Article 2. Definitions CHAPTER II. Objectives Article 3. General objectives Article 4. Strategic planning and coordination of radio spectrum policy TITLE II. INSTITUTIONAL SET-UP AND GOVERNANCE CHAPTER I. National regulatory and other competent authorities Article 5. National regulatory and other competent authorities Article 6. Independence of national regulatory and other competent authorities Article 7. Appointment and dismissal of members of national regulatory authorities Article 8. Political independence and accountability of the national regulatory authorities Article 9. Regulatory capacity of national regulatory authorities Article 10. Participation of national regulatory authorities in BEREC Article 11. Cooperation with national authorities CHAPTER II. General authorisation Section 1. General part Article 12. General authorisation of electronic communications networks and services Article 13. Conditions attached to the general authorisation and to the rights of use for radio spectrum and for numbering resources, and specific obligations Article 14. Declarations to facilitate the exercise of rights to install facilities and rights of interconnection Section 2. General authorisation rights and obligations Article 15. Minimum list of rights derived from the general authorisation Article 16. Administrative charges Article 17. Accounting separation and financial reports Section 3. Amendment and withdrawal Article 18. Amendment of rights and obligations Article 19. Restriction or withdrawal of rights CHAPTER III. Provision of information, surveys and consultation mechanism Article 20. Information request to undertakings Article 21. Information required with regard to the general authorisation, rights of use and specific obligations Article 22. Geographical surveys of network deployments Article 23. Consultation and transparency mechanism Article 24. Consultation of interested parties Article 25. Out-of-court dispute resolution Article 26. Dispute resolution between undertakings Article 27. Resolution of cross-border disputes Article 28. Radio Spectrum Coordination among Member States TITLE III. IMPLEMENTATION Article 29. Penalties Article 30. Compliance with the conditions of the general authorisation or of rights of use for radio spectrum and for numbering resources and compliance with specific obligations Article 31. Right of appeal TITLE IV. INTERNAL MARKET PROCEDURES CHAPTER I. Article 32. Consolidating the internal market for electronic communications Article 33. Procedure for the consistent application of remedies Article 34. Implementing provisions CHAPTER II. Consistent radio spectrum assignment Article 35. Peer review process Article 36. Harmonised assignment of radio spectrum Article 37. Joint authorisation process to grant individual rights of use for radio spectrum CHAPTER III. Harmonisation procedures Article 38. Harmonisation procedures Article 39. Standardisation TITLE V. SECURITY Article 40. Security of networks and services Article 41. Implementation and enforcement PART II. NETWORKS TITLE I. MARKET ENTRY AND DEPLOYMENT CHAPTER I. Fees Article 42. Fees for rights of use for radio spectrum and rights to install facilities CHAPTER II. Access to land Article 43. Rights of way Article 44. Co-location and sharing of network elements and associated facilities for providers of electronic communications networks CHAPTER III. Access to radio spectrum Section 1. Authorisations Article 45. Management of radio spectrum Article 46. Authorisation of the use of radio spectrum Article 47. Conditions attached to individual rights of use for radio spectrum Section 2. Rights of use Article 48. Granting of individual rights of use for radio spectrum Article 49. Duration of rights Article 50. Renewal of individual rights of use for harmonised radio spectrum Article 51. Transfer or lease of individual rights of use for radio spectrum Article 52. Competition Section 3. Procedures Article 53. Coordinated timing of assignments Article 54. Coordinated timing of assignments for specific 5G bands Article 55. Procedure for limiting the number of rights of use to be granted for radio spectrum CHAPTER IV. Deployment and use of wireless network equipment Article 56. Access to radio local area networks Article 57. Deployment and operation of small-area wireless access points Article 58. Technical regulations on electromagnetic fields TITLE II. ACCESS CHAPTER I. General provisions, access principles Article 59. General framework for access and interconnection Article 60. Rights and obligations of undertakings CHAPTER II. Access and interconnection Article 61. Powers and responsibilities of the national regulatory and other competent authorities with regard to access and interconnection Article 62. Conditional access systems and other facilities CHAPTER III. Market analysis and significant market power Article 63. Undertakings with significant market power Article 64. Procedure for the identification and definition of markets Article 65. Procedure for the identification of transnational markets Article 66. Procedure for the identification of transnational demand Article 67. Market analysis procedure CHAPTER IV. Access remedies imposed on undertakings with significant market power Article 68. Imposition, amendment or withdrawal of obligations Article 69. Obligation of transparency Article 70. Obligations of non-discrimination Article 71. Obligation of accounting separation Article 72. Access to civil engineering Article 73. Obligations of access to, and use of, specific network elements and associated facilities Article 74. Price control and cost accounting obligations Article 75. Termination rates Article 76. Regulatory treatment of new very high capacity network elements Article 77. Functional separation Article 78. Voluntary separation by a vertically integrated undertaking Article 79. Commitments procedure Article 80. Wholesale-only undertakings Article 81. Migration from legacy infrastructure Article 82. BEREC guidelines on very high capacity networks CHAPTER V. Regulatory control of retail services Article 83. Regulatory control of retail services PART III. SERVICES TITLE I. UNIVERSAL SERVICE OBLIGATIONS Article 84. Affordable universal service Article 85. Provision of affordable universal service Article 86. Availability of universal service Article 87. Status of the existing universal service Article 88. Control of expenditure Article 89. Cost of universal service obligations Article 90. Financing of universal service obligations Article 91. Transparency Article 92. Additional mandatory services TITLE II. NUMBERING RESOURCES Article 93. Numbering resources Article 94. Procedure for granting of rights of use for numbering resources Article 95. Fees for rights of use for numbering resources Article 96. Missing children and child helpline hotlines Article 97. Access to numbers and services TITLE III. END-USER RIGHTS Article 98. Exemption of certain microenterprises Article 99. Non-discrimination Article 100. Fundamental rights safeguard Article 101. Level of harmonisation Article 102. Information requirements for contracts Article 103. Transparency, comparison of offers and publication of information Article 104. Quality of service related to internet access services and publicly available interpersonal communications services Article 105. Contract duration and termination Article 106. Provider switching and number portability Article 107. Bundled offers Article 108. Availability of services Article 109. Emergency communications and the single European emergency number Article 110. Public warning system Article 111. Equivalent access and choice for end-users with disabilities Article 112. Directory enquiry services Article 113. Interoperability of car radio and consumer radio receivers and consumer digital television equipment Article 114. ‘Must carry’ obligations Article 115. Provision of additional facilities Article 116. Adaptation of annexes PART IV. FINAL PROVISIONS Article 117. Exercise of the delegation Article 118. Committee Article 119. Exchange of information Article 120. Publication of information Article 121. Notification and monitoring Article 122. Review procedures Article 123. Specific review procedure on end-user rights Article 124. Transposition Article 125. Repeal Article 126. Entry into force Article 127. Addressees ANNEX I. LIST OF CONDITIONS WHICH MAY BE ATTACHED TO GENERAL AUTHORISATIONS, RIGHTS OF USE FOR RADIO SPECTRUM AND RIGHTS OF USE FOR NUMBERING RESOURCES 17.12.2018
EN
Official Journal of the European Union
L 321/36
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
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