Terms and Conditions Permitted Under the EU Authorisation Directive
The EU electronic communications regulatory framework features a unified authorization for the provision of all electronic networks and services other than those involving the use of scarce resources such as the radio frequency spectrum. Pursuant to the Authorisation Directive, the unified electronic communications authorizations issued by EU Member States must be general authorizations. The terms and conditions of these authorizations must comply with the terms of the Authorisation Directive.
The Authorisation Directive stipulates that general authorisations may only be subject to conditions listed in the Annex to the Directive relating to:
· financial contributions to funding of the universal service;
· interoperability of services and interconnection of networks;
· accessibility and portability of numbers- portability means that users have the option to keep their telephone number when they change operators;
· rules on privacy protection and, more specifically, the protection of minors;
· the obligation to transmit certain television and radio programmes ("must carry");
· environmental and town and country planning requirements;
· the possible imposition of administrative charges on undertakings; and
· restrictions concerning the broadcast of illegal content.
Additional terms and conditions may only be attached to authorizations if the holder of the authorization exercises significant market power.