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عنوان فارسی مقاله:
یک بررسی از دامنه سرویس جهانی منجر به تغییر اساسی می شود؟ تجزیه و تحلیل ساز و کار بررسی سرویس جهانی اتحادیه اروپا
عنوان انگلیسی مقاله:
Can a revision of the universal service scope result in substantive change? An analysis of the EU's universal service review mechanism
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بخشی از مقاله انگلیسی:
2. Shortcomings of the EU's mechanism for review of the universal service scope
The understanding that “the concept of universal service needed to evolve to keep pace with advances in technology, market development and changes in user demand” (European Commission, 1995) was formed at the inception of the EU's regulatory framework. The EU Universal Service Directive of 2002 (USD) (European Communities, 2002) employs a dynamic concept of universal service allowing for modifications of the scope and contains a number of substantive and procedural provisions for its revision in the light of certain political, economic and social objectives. The dynamism of the universal service concept is guaranteed by the review mechanism built into the Universal Service Directive. As the wording of the relevant USD provisions indicates, the term “review” refers to an examination of actual or potential elements of the universal service scope according to defined criteria with a view to alter – change or redefine it. Article 15 USD imposes the obligation of a periodical review of the universal service scope on the Commission. This does not mean, however, that a review is triggered automatically every three years. According to Annex V USD, as a very first preparatory step, the Commission has to consider whether there are any grounds for a review. For this, the Commission has to analyse economic and social conditions in order to establish whether the context for universal service has changed. It shall take into consideration social and market developments, namely services used by consumers and availability and choice of services to consumers, and technological developments in terms of the way services are provided to consumers. If as a result the Commission concludes that a review shall be undertaken, it shall consider the evolving social, commercial and technological conditions, taking into account, among other things, mobility and data rates in the light of the prevailing technology used by the majority of subscribers (Article 15 (2) USD). The Universal Service Directive spares any procedural details of how evaluations and tests of the review shall be undertaken. The Commission is free to decide whether and how to involve the public and which of the public to involve. The timing of reviews is not sufficiently clear, in particular with regard to the questions when reviews should be launched within the 3-year period and within what period of time they need to be completed. There is no obligation for the Commission to provide explanations why the review is or is not undertaken. The substantive requirements seem better elaborated, but are not free of shortcomings.
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کلمات کلیدی:
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