Regulatory Decision 297/2022 on the Scope of the Universal Service of Electronic Communications, Group B support for access to and use of services by users with disabilities

Regulatory Decision 297/2022 on the scope of the universal service of electronic communications is made under Articles 4(3)(β), 4(3)(ζ), 25(1), 25(3) and 45 of Law 24(I)/2022. Regulatory Decision 297/2022 was published in the Official Gazette on 22 July 2022. Article 11 puts Regulatory Decision 297/2022 in force from the date of its publication in the Official Gazette.

Article 2 defines the obligated organisation as the provider that the Commissioner designates as universal service provider for one or more groups of universal service. Article 4(β) includes in the universal service the support of access to and use of services by users with disabilities, as Annex II sets out in Group B. Annex II requires the obligated organisation to ensure that the services it offers meet the Annex and are published widely and adequately.

Annex II requires the obligated organisation to ensure that its subscribers who need textphones because of their special needs have access to a relay service.

Annex II limits the charge for transmitting voice and text messages through the relay service to the normal rates, or to other charges of the obligated organisation that correspond to them as far as reasonably possible, calculated as if the transmission had been made directly between the caller and the person called, and as if the relay service had added no extra time to the call.

Annex II requires the obligated organisation to ensure that customers who use textphones have access to a public emergency service, a telephone assistance service and a directory enquiry service by short codes, and can receive voice call-progress messages in a form suitable for textphone users.

Annex II requires the obligated organisation, when notified of a fault in the network elements, to offer private subscribers with special needs who in good faith need urgent repair a priority fault-correction service, as far as reasonably possible, at charges that do not exceed the usual charges.

Annex II requires the obligated organisation to ensure that private subscribers whose disability makes them dependent on the telephone can use a free facility that lets them name in advance an authorised person to whom their bill and non-payment correspondence is sent and who may pay the bill without having to accept liability for the subscriber's bills.

Annex II requires the obligated organisation to give any private subscriber who is blind or has serious sight problems, free of charge and on request, any contract with that subscriber for fixed public electronic communications services, and any amendment and bill, in large print, in Braille or in an electronic form suited to the subscriber's reasonable needs.

Annex II requires the obligated organisation, by decision of the Commissioner, to fund the operation of the relay service for subscribers who need textphones because of their disability. Annex IV, paragraph 2, requires the obligated organisation to provide the broadband internet access service in accordance with Annexes II and III on support for users with disabilities and on special tariff packages.

Annex I, paragraph 2, requires the provider of the fixed-location voice communications service of the universal service to provide it in accordance with Annexes II and III on services and facilities for users with low income or special social needs.

Article 5 requires the services and facilities of the universal service, unless an Annex provides otherwise, to be provided at affordable prices as the Commissioner judges them, in accordance with the principles of transparency, non-discrimination and proportionality, and at a quality the Commissioner may set by regulatory decision.

Article 7 requires the obligated organisation, at the Commissioner's request and within the time the Commissioner sets of not more than three months, to report the measures it has taken to comply with the Decision. Article 8 lets the Commissioner impose an administrative fine on the obligated organisation that breaches any obligation in the Decision, under Article 43 of the Law and the Order on the Collection of Information and Imposition of Administrative Fines.

Article 43(2) of Law 24(I)/2022 caps the Commissioner's administrative fine at EUR 200,000 and, for a repeated infringement, at EUR 400,000. Article 43(2) also lets the Commissioner add a fine of not more than EUR 1,000 for each day an infringement continues, or the provider does not comply after notice of the initial fine.

Article 46(10) of Law 24(I)/2022 makes it an offence, punishable by imprisonment of up to six months, a fine of up to EUR 850, or both, for a person without reasonable cause to fail to comply with the terms of a regulatory decision of the Commissioner. Article 43(1) of Law 24(I)/2022 also lets the Commissioner impose other administrative sanctions or revoke licences where it finds a breach.

Article 46(1) of Law 24(I)/2022 makes it an offence, punishable by imprisonment of up to six months, a fine of up to EUR 5,000, or both, for a person to provide an electronic communications network or service otherwise than as the Law, a general authorisation under it or the Commissioner's regulatory decisions lay down. Section 2 of the Interpretation Law reads a person to include a company, cooperative, association, society, foundation or body of persons, with or without legal personality.

Regulatory Decision 297/2022 repeals the Regulatory Decision of 2014 on the scope of the universal service of electronic communications.

Article 85(4) of Directive (EU) 2018/1972 requires Member States to ensure that support is provided, as appropriate, to consumers with disabilities, and that other specific measures are taken, so that terminal equipment and specific equipment and services that enhance equivalent access, including where necessary total conversation services and relay services, are available and affordable.