مقاله سال ۲۰۱۶

The outcomes of the ongoing fourth periodic review of the universal service scope carried out by the European Commission1 are likely to be expected with bated breath. The previous reviews of 2005, 2008 and 2011 have not resulted in any changes in the universal service scope because the services considered for the extension of the scope failed to fulfil the necessary criteria, according to the Commission’s evaluation. However, since the last review, various national and EU policies have borne fruits, in particular the achievement of 100% coverage with basic broadband in 2013 (European Commission, 2013), so that the long-standing and much advocated candidate service – broadband connection – has decisively strengthened its position to be included in the Union-wide universal service scope.

This study is a critical legal analysis of the review rules and of the relevant Commission’s practice with the aim to understand better the results of the previous reviews and to establish whether the current review mechanism is appropriate and effective in bringing about substantial changes to the universal service scope, necessary in the light of Information Society policies of the European Union. To this end, the paper studies the Universal Service Directive, the Commission’s reports on the conducted reviews and relevant preparatory and statistical documents. The paper focuses on the review procedure because the design of decision-making processes (time, participants, decision criteria, approaches, tools and techniques used) influences their outcomes.

The paper argues that the mechanism for the review of the universal service scope as such does not provide for an appropriate selection and effective examination of eligible electronic communications services and is, in fact, counterproductive. Due to procedural shortcomings, terminological vagueness and orientation mainly towards the extension of the scope, the current review rules do not provide for a comprehensive evaluation of services. Flaws in the design of the legal framework strengthen Commission’s discretion, enhance the role of legislators in the revision of the universal service scope and, therefore, political dimension of universal service. Based on the lessons learned, the paper suggests several changes to the regulatory framework governing the review of the universal service scope in order to improve its effectiveness and usability.