Recommendation 1992/383 - 92/383/EEC: Council Recommendation of 5 June 1992 on the provision of harmonized integrated services digital network (ISDN) access arrangements and a minimum set of ISDN offerings in accordance with open network provision (ONP) principles - Main contents

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92/383/EEC: Council Recommendation of 5 June 1992 on the provision of harmonized integrated services digital network (ISDN) access arrangements and a minimum set of ISDN offerings in accordance with open network provision (ONP) principles

Official Journal L 200 , 18/07/1992 P. 0010 - 0019

COUNCIL RECOMMENDATION of 5 June 1992 on the provision of harmonized integrated services digital network (ISDN) access arrangements and a minimum set of ISDN offerings in accordance with open network provision (ONP) principles (92/383/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (1),

Having regard to the proposal from the Commission,

Whereas Directive 90/387/EEC considers, inter alia, the application of the principles of open network provision (ONP) to the integrated services digital network (ISDN);

Whereas the full establishment of a Community-wide market in telecommunications services will be promoted by the rapid introduction of ONP principles to ISDN, as provided for in Directive 90/387/EEC; whereas ONP conditions should ensure transparency and equal access and be based on objective criteria; whereas applying ONP principles to ISDN means harmonizing the conditions for open and efficient access to and use of ISDN;

Whereas recommendation 86/659/EEC (2) calls for the coordinated introduction of the ISDN in the European Community;

Whereas resolution 89/C 196/04 (3) calls for strengthening of the further coordination of the ISDN in the European Community up to 1992;

Whereas in 1989 several telecommunications organizations signed a memorandum of understanding (MoU) for the phased and harmonized implementation of European ISDN services; whereas within the framework of this MoU, a range of services has been recognized as commercially valid for ISDN and agreement has been reached on a minimum ISDN service offering to be introduced by 31 December 1993 at the latest; whereas other services will be introduced on the basis of harmonized standards according to market need;

Whereas ISDN can be considered a natural development of the telephone network; whereas it will allow, via a single access, using the existing subscriber line, the transmission of voice telephony, text, data and images in the form of a multitude of more efficient or new services;

Whereas Member States should notify to the Commission those organizations whose provision of ISDN offerings enables Member States to comply with the provisions of point 4 of Annex III to Directive 90/387/EEC; whereas other organizations may offer certain ISDN services in accordance with the recommendation;

Whereas, in accordance with Directive 90/387/EEC, voice telephony means the commercial provision for the public of the direct transport of real time speech via the public switched network or networks such that any user can use equipment connected to a network termination point to communicate with another user of equipment connected to another termination point;

Whereas Commission Directive 90/388/EEC (4) applies;

Whereas, in accordance with Directive 90/388/EEC, Member States may make the supply of certain services subject to a licensing or declaration procedure aimed at compliance with the essential requirements and in that case they shall ensure that the conditions for the granting of licenses are objective, non-discriminatory and transparent, that reasons are given for any refusal and that there is a procedure for appealing against any such refusal; whereas the Commission will carry out an overall assessment of the situation in the telecommunications sector, in connection with the aims of this Directive in 1992;

Whereas ISDN is a means to support both services provided under special or exclusive rights and services for which no such rights...

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