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Designation of Universal Service Provider 04/07

The Gibraltar Regulatory Authority (“the Authority”) is responsible for the regulation of the electronic communications sector in Gibraltar in accordance with Gibraltar and EU legislation. One of the Authority’s functions is to determine what undertaking(s) should be designated as the provider of Universal Service in the electronic communications market.

In accordance with the provisions in the Telecommunications Act 2000, Notice 1/2002 “Designation of Universal Service Provider”, designated Gibtelecom (previously Gibraltar Nynex Communications) as Universal Service Provider in February 2002. With the introduction of the Communications Act in June 2006 it is now appropriate to review these obligations.

Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, (the Universal Service Directive) as implemented in Gibraltar by the Communications (Universal Service and Users’ Rights) Regulations 2006, (the Universal Service Regulations) set out a series of measures aimed at ensuring the provision of universal services in Gibraltar.

Recital 4 of the Universal Service Directive defines universal service as “the provision of a defined minimum set of services to all end-users at an affordable price”. It may even involve the provision of some services to some end-users at prices that depart from those resulting from normal market conditions.

The Authority is responsible under the Universal Service Regulations for the designation of one or more persons, for such a period as may be specified by the Authority, to comply with a universal service obligation.

The Authority welcomes comments from all interested parties on the questions posed in this public consultation (full list of questions is set out in Annex A) and will accept written comments up until 4pm on Friday 13th July 2007.

In order to promote further openness and transparency, the Authority will publish the names of all respondents and their responses on its website and will also make available for inspection responses to the consultation at its offices. Please note that this is subject to confidentiality. Respondents are asked to clearly identify material which is to be treated as confidential.

To view the full public consultation see attached documents.

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