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Public service
The imposition of public service obligations on telecommunications network and service operators derives from their traditional configuration as state-owned public services, prior to the sector's liberalization process. techwadia
In our country, before liberalization, telecommunications
services were provided by Telefónica de España under a monopoly regime, by
virtue of the State concession.
The Law 11/1998 broke with the public service nature of
telecommunications and configured as a service of general interest. This
concept of general interest is, in turn, the one that justifies the imposition
of a series of public service obligations on operators.
In this sense, these public service obligations would be a
series of benefits whose enjoyment is guaranteed by the public powers , but
without the ownership of the activity being reserved to the State.
In this way, the LGTel , in its art. 2 , configures telecommunications
as services of general interest that are provided in a free competition regime,
linking public service obligations with compliance with the objectives of the
law.
The regulation of these public service obligations in LGTel
derives from Directive 2002/22 / CE, ( Universal Service Directive ), modified
by Directive 2009/136 / CE . The modifications of the latter were taken into
account for the drafting of Law 2/2011, of March 4, on Sustainable Economy ,
and were included in the LGTel of 2014 .
Delimitation of public service obligations
The art. 20 of the LGTel establishes that the regulation of
public service obligations is aimed at the existence of electronic
communications services available to the public, of adequate quality throughout
the national territory through real competition and freedom of choice, as well
as solve situations in which the needs of end users are not satisfactorily met
by the market.
For this, operators will be subject to a system of public
service obligations and of a public nature, in compliance with which the
principles of equality, transparency, non-discrimination, continuity,
adaptability, availability and permanence must be respected.
The LGTel establishes the following categories of public
service obligations:
1. Universal
service.
2. Others
imposed for reasons of general interest. and the universal
When these services are provided in competition, under the
same price, coverage and quality conditions as those required by the public
service, the cessation of their provision may be determined as a public service
obligation .
Legally and by regulation, the following applicable criteria
have been determined in the imposition of public service obligations:
1. Not
imposing excessive charges on operators that may substantially affect their
ability to access the market.
2. Objectivity
and transparency in the methods used to determine the obligated operator, the
aid and financing that it will enjoy and the time and conditions in which it
should occur.
3. The net
costs of the provision of universal service will only have to be borne by those
operators that obtain, through the operation of networks or the provision of
electronic communications services, gross annual operating income of more than
100 million euros.
4. Non-discrimination
between the different operators, trying to maintain equilibrium in the market
in such a way that no operator obtains advantages or disadvantages in their
performance in the market, as a consequence of the obligations imposed.
5. Economic
neutrality and, as far as possible, technological neutrality of the obligations
imposed and of the aid and financing granted.
6. Priority
of the options that allow a lower cost for the sector as a whole or that
suppose a lower need for financing.
Other public service obligations
The LGTel (art. 25) empowers the Government to impose public
service obligations other than universal service on operators , provided they
are due to reasons of national defense, public security or civil protection.
It would be, according to García de Enterría, specific and
specific obligations that respond to the conjunction of certain circumstances
and that are imposed in order to achieve a superior interest that affects all
citizens.
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