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ORDINANCE no. 34 of January 30, 2002, on the access to the electronic communications networks and to the associated infrastructure, as well as their interconnection

This consolidated version has been drafted by the National Regulatory Authority for Communications by inserting in the text of the Government Ordinance no.34/2002 on access to the electronic communications networks and to the associated infrastructure, as well as their interconnection, published in the Official Journal of Romania, Part I, no.88 of February 8th, 2002, the amendments and completions that have been operated through the Law no. 527/2002, published in the Official Journal of Romania, Part I, no.602 of August 14th, 2002. The amended and the newly introduced texts are presented between inverted commas.


  
“CHAPTER I
General Provisions”

“Art. 1 – (1) This Ordinance establishes the regulatory framework for the relationships between network operators, between service providers, and between network operators and service providers with regard to the access to the public electronic communications networks and to the associated infrastructure, as well as to their interconnection.
(2) This Ordinance establishes the rights and duties of operators and of the undertakings seeking interconnection or access to the networks installed, operated, controlled or made available by them or to the infrastructure associated to these networks.
(3) The objectives of the regulatory framework established under this Ordinance are to promote competition, to ensure the interconnection and the interoperability of electronic communications services, and to protect the rights and interests of consumers.
(4) The provisions of this Ordinance shall not apply to access by end-users.”

“Art. 2 – For the purposes of this Ordinance, the following definitions shall apply:
a) electronic communications network – transmission systems and, where applicable, switching or routing equipment and any other resources which realise the processing and conveyance of signals by physical or electromagnetic support or by any other means, including satellite communications networks, data transmission networks, mobile terrestrial networks, networks used for audiovisual communications, coaxial cable networks, optical fiber networks, and the conveyance of signals in electricity transport systems; 
b) electronic communications service – a service, normally provided for remuneration, which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for audiovisual communications, but without including services providing, or exercising editorial control over, content of the information transmitted by means of the electronic communications networks or services; also, it does not include the information society services which do not consist, wholly or mainly, in the conveyance of signals on electronic communications networks;
c) public communications network – an electronic communications network used, wholly or mainly, for the provision of publicly available electronic communications services;
d) associated infrastructure – those resources associated with an electronic communications network or with an electronic communications service which enable or support the provision of services via that network or service; it includes conditional access systems and electronic programme guides;
e) conditional access system – any technical modality or device whereby access to a protected radio or television broadcasting service in intelligible form is made restrictedly, on the basis of a subscription or of other form of prior individual authorisation;
f) operator – an undertaking which installs, operates, controls, or makes available to third parties a public communications network or elements of the associated infrastructure, or an undertaking authorised to install, operate, control or make available to third parties a public communications network;
g) user – any natural or legal person using or requesting a publicly available electronic communications service;
h) subscriber – any natural or legal person who has concluded a contract with a provider of publicly available electronic communications services;
i) end-user – a user who is not operating, controlling, or making available to third parties a public communications networks or elements of the associated infrastructure and who is not providing publicly available electronic communications services;
j) access – the making available of locations, equipment or services to a third party, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services; access covers inter alia: 
- access to network elements and to the associated infrastructure, which may involve the connection of equipment, by fixed or non﷓fixed means, including access to the local loop and to the infrastructure and services necessary to provide services over the local loop; 
- access to physical infrastructure, including buildings, ducts and masts; 
- access to relevant software systems, including operational support systems;
- access to number translation systems or systems offering equivalent functionality; 
- access to fixed and mobile networks, in particular for roaming; 
- access to conditional access systems for digital television services; 
- access to virtual network services; 
k) unbundled access – the making available of access to locations, equipment or services, as the case may be, which is not conditioned by: 
- the simultaneous acquisition by the undertaking seeking access of products or services which are not necessary for the provision of the requested type of access;
- the acquisition of an imposed volume of products or services, which exceeds the volume necessary for the provision of the requested type of access;
- the imposition of any conditions having a commercial, technical or any other nature, which are not necessary for the provision of the requested type of access;
l) interconnection – the physical and logical linking realised between the public communications networks in order to allow communication between the networks users or the access to services; services may be provided by the parties involved or by other parties who have access to that network; interconnection is a specific type of access realised by the public communications network operators;
m) wide-screen television service – a television service that consists wholly or partially of programmes produced and edited to be displayed in a full height wide-screen format; the 16:9 format is the reference format for wide-screen television services;
n) local loop – the physical circuit connecting the network termination point at the subscriber's point of presence to the main distribution frame in a public fixed telephone network or to an equivalent element in a public communications network; the physical circuit may be made, among others, of metallic wires, coaxial cable, or optical fiber;
o) local sub-loop – the part of a local loop connecting the network termination point at the subscriber's point of presence to an intermediate access point;
p) shared access to the local loop – the use by one or more beneficiaries of the available capacity of the physical circuit forming the local loop or sub-loop according to their request, without disturbing the service initially provided by the authorised holder;
q) co-location – the provision of physical space and technical resources necessary to install and connect for regular functioning the relevant equipment of the beneficiary of this form of access;
r) roaming – the possibility offered to users of electronic communications services provided via a public communications network to receive and make voice telephony calls or to have access to electronic communications services when they are outside the area covered by that network, via another network, following conclusion of a commercial agreement for this purpose;
s) reference offer – the commercial offer realised under the conditions set out by this Ordinance, whereby an operator undertakes to include in any access or interconnection agreement a minimum set of obligations, which are expressly determined in the reference offer;
t) pan-European services – services provided at an European level, based on common standards and commercial practices.”

“Art. 3 – (1) Providers of electronic communications services and operators of electronic communications networks negotiate access and interconnection agreements, with a view to establish the technical and commercial conditions.
(2) The access or interconnection agreement cannot contain obligations that are not related to the access or interconnection service, the clauses providing such obligations being null and void.”

Art. 4 – (1) In order to ensure provision and interoperability of publicly available electronic communications services, any operator of a public communications network has:
a) the right to negotiate an interconnection agreement with any other operator of a public communications network for the purpose of providing publicly available electronic communications services, including electronic communications services available to users via another public communications network interconnected with the network of any of the two operators;
b) the obligation, when requested by a third party legally authorised, to negotiate an interconnection agreement with the requesting party for the purpose of providing publicly available electronic communications services, including electronic communications services available to users via another public communications network interconnected with the network of any of the parties.
(2) The obligations relating to access and interconnection imposed by the regulatory authority to some operators in accordance with the provisions of Arts. 5 to 8 shall bear reference character for the access or interconnection conditions negotiated by other operators with third parties.
“(3) Public communications networks installed for the purpose of providing digital television services shall meet the technical conditions necessary for the provision of wide-screen television services or programmes.
(4) The operators that receive and retransmit wide-screen television services or programmes shall maintain that wide-screen format.
(5) The information acquired before, during, or after the negotiations carried out under the conditions of paragraph (1) letters a) and b) shall be used only for the purposes for which it was supplied and cannot be disclosed to any third party for whom such information could provide a competitive advantage, including to other departments, subsidiaries, branches, or partners of the operator or of the service provider that has received that information.”

Art. 5 – (1) The regulatory authority shall take all the necessary measures in order to encourage and, where appropriate, ensure, in accordance with the provisions of this Ordinance, access and interconnection under adequate conditions, as well as interoperability of services, in keeping with the principles of economic efficiency, promoting competition, and maximizing end-users’ benefit.
“(2) Without prejudice to measures that may be taken with regard to the undertakings with significant market power in accordance with the provisions of Art. 8, the measures taken in accordance with the provisions of paragraph (1) may in particular consist in the imposition of the following obligations:
a) obligations on the legal persons that control access to end-users, including, if such is the case, the obligation to interconnect their networks, if the imposition of these obligations is necessary to ensure end-to-end connectivity;
b) obligation on operators to provide access to elements of the associated infrastructure under fair, reasonable, and non-discriminatory conditions, if the imposition of these obligations is necessary to ensure the access of end-users to digital radio and television broadcasting services.
(3) When imposing obligations on an operator to provide access in accordance with the provisions of Art. 12, the regulatory authority may lay down the technical or operational conditions to be met by the provider or by the beneficiaries of such access, in case this measure is necessary to ensure normal functioning of the network.”
(4) The obligations and conditions imposed in accordance with the provisions of paragraphs (1) to (3) shall be objective, transparent, proportionate, and non-discriminatory.
(5) The regulatory authority has the right to set out, in accordance with the provisions of paragraphs (1) and (4), the conditions for access and interconnection, ex officio or, should the parties fail to reach an agreement, upon request of either of the parties involved.


“CHAPTER II
Obligations of Undertakings and Market Analysis Procedures”

Art. 6 – The general conditions relating to the systems for conditional access to digital television and radio services, irrespective of the means of transmission used, shall be set out by Government Decision.

Art. 7 – The obligations concerning access or interconnection that were in force on the date of entry into force of this Ordinance shall remain valid until the adoption by the regulatory authority of a contrary decision pursuant to Art. 8.

Art. 8 – “(1) If, as a result of a market analysis carried out under the conditions set out by the legal provisions in force, or as a result of the application of Art. 15 paragraph (1), an operator is designated as having significant market power in a relevant market, the regulatory authority shall impose on that operator one or more of the obligations set out in Arts. 9 to 14, as appropriate. In carrying out the market analysis, the regulatory authority shall request the collaboration of the Competition Council.”
(2) To the extent that the law does not state the contrary, and without prejudice to the provisions of Arts. 5 and 6, the regulatory authority may impose the obligations set out in Arts. 9 to 13 only on the operators that have been designated in accordance with the provisions of paragraph (1). 
(3) The obligations imposed in accordance with the provisions of paragraphs (1) and (2) shall be, based on the nature of the problem identified, proportionate and justified, and they shall be adopted only after consulting the interested parties, under the conditions set out by the legal provisions in force.
(4) If, as a result of a market analysis carried out under the conditions set out by the legal provisions in force, the regulatory authority establishes that a relevant market is effectively competitive, it shall withdraw or modify as appropriate the obligations imposed in accordance with the provisions of paragraphs (1) and (2).
“(5) With at least 30 days prior to withdrawal of any obligations imposed on a specific operator, the regulatory authority shall bring this intention to the knowledge of those having concluded access or interconnection agreements with that operator, in order to allow them to find alternative providers or to renegotiate the agreement concluded.”

Art. 9 – (1) The regulatory authority may, in accordance with the provisions of Art. 8, impose obligations for transparency in relation to the interconnection of communications networks or to the access to these networks or to the associated infrastructure. These obligations may consist in making public specified information, such as technical specifications, network characteristics, terms and conditions for supply and use, accounting information, and tariffs. 
(2) In cases where an operator was imposed obligations of non-discrimination, the regulatory authority may impose on that operator the obligation to publish a reference offer, which shall be sufficiently detailed to ensure that the beneficiaries are not required to pay for resources which are not necessary for the service requested.
(3) The reference offer shall contain a detailed description of the relevant offerings for each of the elements of the network or of the associated infrastructure, according to market needs, as well as the technical and commercial conditions, including prices, corresponding to each of these elements.
(4) The regulatory authority may impose the introduction in the reference offer of clauses aiming to ensure compliance with the obligations provided for in this Ordinance.
(5) The regulatory authority may specify the precise information to be made available to the public, the level of detail required, and the manner of publication. 

Art. 10 – The regulatory authority may, in accordance with the provisions of Art. 8, impose obligations of non-discrimination in relation to the interconnection of communications networks or to the access to these networks or to the associated infrastructure, whereby to ensure, in particular, that the operators:
“a) apply equivalent conditions in equivalent circumstances to other legal persons providing equivalent services;”
b) provide services and information to third parties under the same conditions, including with respect to quality, as they provide for their own services, or for those provided to their subsidiaries, branches, or partners.

Art. 11 – (1) The regulatory authority may, in accordance with the provisions of Art. 8, impose obligations for accounting separation, within the internal accounting system, in relation to specified activities related to the interconnection of communications networks or to the access to these networks or to the associated infrastructure.
“(2) In particular, the regulatory authority may require a vertically integrated operator to highlight distinctly the wholesale prices and its internal transfer prices, in order to ensure inter alia compliance with the obligation of non-discrimination imposed in accordance with the provisions of Art. 10 or to prevent the cross-subsidisation.”
(3) In order to facilitate the verification of compliance with obligations of transparency and non-discrimination, the regulatory authority may impose on the operators the obligation that accounting records, including data on revenues received from third parties, are provided on request. 
(4) In order to promote an open and competitive market, the regulatory authority may publish such accounting information, under the conditions set out by the legal provisions in force.

Art. 12 – (1) The regulatory authority may, in accordance with the provisions of Art. 8, impose obligations on operators to allow access to, and use of, specific elements of the network and of the associated infrastructure, in particular in situations where it considers that the denial of access or imposition of terms and conditions with a similar effect would result in hindering the development of a competitive market at the retail level, or in harming end-users’ interests.
(2) The obligations under paragraph (1) may consist inter alia in:
“a) giving a third party the right of access to specified network elements or to the associated infrastructure, including unbundled access to the local loop;”
b) negotiating in good faith with any third party requesting access;
c) not withdrawing the right of access that was already granted;
d) providing specified services to third parties on a wholesale basis, for resale purposes;
e) granting open access to technical interfaces, protocols or other essential technologies that are indispensable for the interoperability of services, including virtual network services;
“f) providing co-location or other forms of shared use of locations or equipment, including sharing of ducts, buildings or masts;”
g) providing specified services, needed to ensure interoperability of services intended for end-users, including resources for intelligent network services or roaming on mobile networks;
h) providing access to operational support systems or similar software systems, necessary to ensure fair competition in the provision of services;
i) interconnecting networks or network elements.
(3) The regulatory authority may attach to the obligations set out in paragraph (1) conditions covering fairness, reasonableness, and timeliness of their accomplishment.
(4) When imposing the obligations referred to in paragraph (1), the regulatory authority shall take into account in particular the following:
a) the technical and economic viability of using or installing alternative infrastructures, in the light of the market development, considering the nature and type of interconnection and access involved;
b) the feasibility of providing the access requested, in relation to the capacity available;
c) the initial investment by the infrastructure owner, bearing in mind the risks involved in making such investment;
d) the need to promote competition in the long term;
e) where appropriate, any relevant intellectual property rights;
f) the provision of pan-European services.

“Art. 13 – (1) In situations where a market analysis carried out under the conditions set out by the legal provisions in force indicates a lack of effective competition, meaning that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users, the regulatory authority may, in accordance with the provisions of Art. 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of access or interconnection. When imposing such obligations, the regulatory authority shall take into account the investment made by the operator concerned and shall allow him a reasonable rate of return on the capital invested, taking into account the risks associated to this investment.”
(2) Any cost recovery mechanism or pricing methodology mandated pursuant to paragraph (1) shall promote economic efficiency and competition and shall maximise consumer benefits. For this purpose, the regulatory authority may take into account the prices available in comparable competitive markets. 
(3) Where an operator has an obligation regarding the cost orientation of its prices, the burden of proof that charges are derived from costs including a reasonable rate of return on investment lies with the operator concerned. For the purpose of calculating the cost of efficient provision of services, the regulatory authority may use cost accounting methods independent of those used by the operator. The regulatory authority may require an operator to provide full justification for its prices, and may, where appropriate, require prices to be adjusted.
(4) Where implementation of a cost accounting system is mandated in order to support price controls, the description of the cost accounting system shall be made public, showing at least the main categories under which costs are grouped and the rules used for the allocation of costs. Compliance with the cost accounting system shall be audited annually by an independent body, the results of the audit being published under the conditions set out by the regulatory authority.

“Art. 14 – (1) The regulatory authority may, in accordance with the provisions of Art. 8, impose on the operator having significant market power in the market for the provision of local loop the obligation to publish a reference offer for the unbundled access to the local loop made of metallic wires, optical fiber, or coaxial cable.”
(2) The reference offer under paragraph (1) shall contain at least the elements set out in the Annex hereto.
(3) The provisions of Art. 9 paragraphs (2) to (5) shall correspondingly apply to the reference offer under paragraph (1).
(4) The operator referred to in paragraph (1) has the obligation to meet all the requests for access to the local loop and to the associated infrastructure, at any time this is technically possible. 
(5) The operator referred to in paragraph (1) has the obligation to provide the beneficiaries with the resources associated with the provision of unbundled access to the local loop, notably co-location, connections, and relevant software systems, under the same conditions as it provides such for its own services, or for the services provided to its subsidiaries, branches, or partners. 
(6) The operator referred to in paragraph (1) has the obligation to charge cost-oriented tariffs for unbundled access to the local loop and to the associated infrastructure.
(7) The operator referred to in paragraph (1) has the obligation to include in the reference offer the clauses imposed by the regulatory authority in order to ensure compliance with the principles of non-discrimination, fair competition, economic efficiency, and maximising benefits for users.

Art. 15 – (1) If there is a single operator in a relevant market, this operator is presumed, for the purpose of applying the provisions of Art. 8 paragraph (1), to have significant power in the market concerned.
“(2) The obligations imposed on an operator presumed, in accordance with the provisions of paragraph (1), to have significant power in a relevant market shall remain valid until such time as the regulatory authority, on the basis of a market analysis carried out under the conditions set out by the legal provisions in force, establishes that the relevant market concerned is effectively competitive.”

Art. 16 – (1) The regulatory authority, acting through the control personnel empowered for this purpose, shall be competent to control the compliance with the provisions of this Ordinance.
(2) The regulatory authority may delegate the exercise of the attributions provided for in paragraph (1) to another legal person of public law having surveillance and control powers in the field of communications.

Art. 17 – (1) In exercising its control tasks, the personnel of the regulatory authority or of the legal person referred to in Art. 16 paragraph (2) empowered for this purpose, may require the service providers or network operators to supply the necessary information, specifying the legal grounds and the purpose of the request, and may also set out deadlines for the provision of this information, subject to the sanction provided for in Art. 19 paragraph (1) letter a).
(2) The control personnel empowered for this purpose of the regulatory authority or of the legal person referred to in Art. 16 paragraph (2) may require statements or any documents necessary to carry out the control, make copies of any registers, financial-accounting and commercial documents, or any other records; it is also authorised to carry out unexpected inspections, the result of which shall be recorded in a procès-verbal , and may also receive information and justifications upon summoning or on site.


“CHAPTER III
Contraventions and Sanctions”

Art. 18 – (1) The following deeds shall constitute contraventions:
a) breach of the obligations set out in Art. 4 paragraphs (3) and (4);
b) breach of the obligations set out in Art. 5 paragraph (2);
c) breach of the obligation to negotiate set out in Art. 4 paragraph (1) letter b);
d) breach of the obligation of non-disclosure set out in Art. 4 paragraph (5);
e) breach of the conditions set out by the regulatory authority in accordance with the provisions of Art. 5 paragraph (3);
f) breach of the conditions set out by the regulatory authority in accordance with the provisions of Art. 5 paragraph (5);
g) breach of the obligations of non-discrimination set out in Art. 10;
h) breach of the obligations set out in Art. 11 paragraphs (1) and (2);
i) breach of the obligations set out in Art. 12 paragraphs (1) to (3);
j) charging of tariffs in violation of the provisions for price control adopted in application of Art. 13;
k) breach of the obligations set out in Art. 13 paragraph (1);
l) breach of the obligations set out in Art. 14.
“(11) In case of ascertainment of a contravention set out in paragraph (1), the regulatory authority shall issue a warning, whereby the warned party shall be obliged to comply with the provisions of this Ordinance, as the case may be, within a period of 5 days.”
“(2) In case where the breach is not remedied within the period set out by the regulatory authority in accordance with paragraph (11), the contraventions mentioned in paragraph (1) shall be sanctioned as follows:”
a) with fine from ROL 5,000,000 to ROL 50,000,000, in the case of the contraventions set out in letters a) and b);
b) with fine from ROL 50,000,000 to ROL 1,000,000,000, and for the providers or operators with a turnover exceeding ROL 25,000,000,000, with fine up to 5% of the turnover, in the case of the contraventions set out in letters c) to l).
(3) The amount of fines provided for in paragraph (2) may be updated by Government Decision, depending on the evolution of the inflation index.
“(4) The sanction for the contraventions set out in paragraph (1) shall be established taking into account the gravity of the deed and of its consequences on the competition.”
(5) The turnover referred to in paragraph (2) represents the sum of all the revenues from the sales of products or the provision of services by the undertaking concerned during the last financial year, from which the sums representing VAT shall be deducted.
“(6) In case of a repeated breach, the regulatory authority may decide to temporarily suspend or to withdraw the authorisation.”

“Art. 19 – (1) The regulatory authority may oblige the operators, by Decision, to pay administrative fines up to ROL 30,000,000 per day of delay, calculated from the date established therein, in order to determine them to:
a) fully and accurately provide, in accordance with the written request of the regulatory authority, the information they were requested pursuant to Art. 11 paragraph (3), Art. 13 paragraph (3), or Art. 17 paragraph (1), as well as any other information explicitly requested by the regulatory authority in the application of the provisions of this Ordinance;”
b) submit to the control referred to in Arts. 16 and 17 paragraph (2);
c) comply with the measures taken by the regulatory authority or by the legal person referred to in Art. 16 paragraph (2), as the case may be, in the application of the provisions of this Ordinance, within 30 days from their communication;
“d) [repealed]”
e) to comply with the transparency obligations set out in Art. 9.
(2) The maximum amount of the administrative fine provided for in paragraph (1) may be updated by Government Decision, depending on the evolution of the inflation index.
“(3) The amounts resulted from the collection of the fines provided for in paragraph (1) shall be fully retained as own extra-budgetary revenues, on a permanent basis, at the disposal of the regulatory authority and shall be used for ensuring the conditions for the fulfilment of the surveillance and control attributions.”

Art. 20 – (1) The control personnel specified in Art. 16 shall be competent to ascertain the contraventions set out in Art. 18 paragraph (1).
(2) The sanctions for the contraventions set out in Art. 18 paragraph (1) a) and b) shall be applied by the control personnel specified in Art. 16.
(3) The sanctions for the contraventions set out in Art. 18 paragraph (1) c) to l) and the administrative fines provided for in Art. 19 shall be applied by the head of the regulatory authority.
(4) The act whereby the sanctions for the contraventions set out in Art. 18 or the administrative fines provided for in Art. 19 are applied, which has not been appealed within the term set out by law, shall be executory title, without any other formality.
(5) The contraventions set out in Art. 18 shall be subject to the Government Ordinance no. 2/2001 on the legal regime of contraventions.
“(6) Any Decision of the regulatory authority may be appealed in accordance with the legal provisions on the disputes with the public administration.”

“Art. 21 – Any persons using or disclosing for any purposes other than those provided for in this Emergency Ordinance documents or information which constitute professional secret, received or informed on while carrying out his/her job or job-related tasks, shall be liable according to the legal provisions in force, and potentially forced to remedy the prejudice thus caused.”


“CHAPTER IV
Final Provisions”

“Art. 22 – Within the meaning of this Ordinance, the regulatory authority shall be the National Regulatory Authority for Communications.”

“Art. 23 – On the date when this Ordinance enters into force, Arts. 38 to 40 of the Telecommunications Law no. 74/1996, published in the Official Journal of Romania, Part I, no.156 of July 22nd, 1996, with the subsequent amendments and completions, shall be repealed.”


ANNEX


“MINIMUM LIST OF ITEMS
to be included in a reference offer for unbundled access to the local loop”


A. Conditions for unbundled access to the local loop

1. Network elements to which access is offered covering in particular the following:
a) access to the local loop;
“b) use of the available capacity of the physical circuit forming the local loop, in case of the shared access to the local loop.”
2. Information concerning the locations of physical access sites and the availability of the local loop in specific parts of the access network; supply of this information may be restricted to interested parties only, in order to avoid public security concerns.
3. Technical conditions related to access and use of the local loop, including the technical characteristics of the twisted metallic pair in the local loop.
4. Ordering and provisioning procedures, usage restrictions.

B. Co-location services

1. Information on the operator's sites where co-location is possible; supply of this information may be restricted to interested parties only, in order to avoid public security concerns. 
2. Co-location options at the sites indicated under point 1, including physical co-location and, as appropriate, distant co﷓location and virtual co﷓location.
3. Equipment characteristics and restrictions, if any, on equipment that can be co-located. 
4. Measures put in place by the operator in order to ensure the security of its locations.
5. Access conditions for the staff of the beneficiary.
6. Technical norms and safety standards.
7. Rules for the allocation of space where co-location space is limited.
8. Conditions for beneficiaries to inspect the locations at which physical co-location is available, or sites where co-location has been refused on grounds of lack of capacity.

“C. Information systems

Conditions for access to certain systems of the operator: operational support systems, information systems or databases for pre-ordering, provisioning, ordering, maintenance, repair requests and billing.”

D. Supply conditions

1. Lead time for responding to requests for supply of services and elements of the associated infrastructure; service level agreements, fault resolution, procedures to return to a normal level of service and quality of service parameters.
2. Standard contract terms, including, where appropriate, compensation provided for failure to meet lead times set out in accordance with the provisions under point 1.
3. Prices or pricing formulae for each feature, function and element of the associated infrastructure provided for in this Annex.

 

 

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