دانلود رایگان مقاله تغییر اساسی دامنه سرویس جهانی

abstract

In the EU, the repeated application of the universal service review mechanism has not resulted in any changes to the universal service scope so far. Due to the fact that the design of an exercise shapes its outcomes, this contribution explores the legal framework and the practice of the said review mechanism in order to determine whether its construction effectively corresponds to its intended functionality. The analysis determines a number of serious shortcomings in the legal procedural and substantive provisions on the review mechanism that result in its inconsistent and deficient application and its puzzling results. Drawing on the identified shortcomings and gaps of the regulatory framework and practice, concrete recommendations are made which could improve the transparency of the review process and the quality and plausibility of the examination of the universal service scope.

4. Concluding

remarks The critical shortcomings of the EU review mechanism for the universal service scope provide an opportunity for significant discretion of the Commission at all stages of revision. The review procedure is not spelled out so that at the end of the day the Commission decides how to prepare to the review, who to consult and whether to consult at all. The review mechanism, especially in the Commission's practice, focuses more on the extension of the scope of universal service and thus shields the already included services sparing them a proper examination. The wording of the review criteria is not sufficiently precise to allow for an appropriate choice and a comprehensive evaluation of services – candidates for inclusion in the universal service scope. The possibility to assess an absolute or comparative merit of electronic communications services for the citizens and society is lacking as is the possibility to consider services in the light of other ICT policies of the EU.