Eligibility

Only one MS (Latvia) has limited the scope of the broadband USO to disabled end-users and associated affordability measures.

In general, MS do not place restrictions on qualifying end-users. Some MS have broadband universal service eligibility criteria. In Malta, the USP will only satisfy requests where market failure occurs (i.e. where no service provider is willing to provide functional internet access to the end-user requesting the service). Similarly, in Slovenia the broadband USO only becomes relevant where no broadband service is available at a reasonable price. In Sweden, it is possible for an end-user to apply to the Swedish NRA, PTS,[16] for support to obtain a broadband connection where no internet access is offered by the market at a permanent residence or a workplace, and where the cost of such a connection exceeds 5,000 SEK (€468).[17]

The United Kingdom legislation specifies the eligibility criteria (e.g. a cost threshold of £3,400 (€3,700),[18] taking into account the extent to which costs can be shared with other locations) that have to be met by homes and businesses in order to request the USO service. The USO is available to end-users who have (1) no access to existing , decent, affordable broadband (2) will not be covered by a public scheme in the nexct 12 months and (3) people who only have access to a service priced over £45 per month will also have the right to request a USO connection.

In most MS the broadband USO applies to residential premises (Belgium, Croatia, Finland, Latvia, Slovenia, and Sweden). However, in some MS (Belgium, Croatia Finland, Latvia and Slovenia) the braodband USO applies only to primary residential premises. In Sweden it applies to primary residential and permanent business premises. In the United Kingdom it applies to residential and small business premises with a capped cost per premises (where eligibility criteria apply). In Malta and Spain there are no restrictions and the braodband USO is available upon request to all types of premises. In seven MS (Belgium, Croatia, Finland, Latvia, Malta, Slovenia and Spain) there is no capped cost per premise.

Designation - procedures and scope

Two MS have not designated a broadband USP (Belgium and Sweden). No USP was designated in Belgium because the 1 Mbit/s connection is already provided by the market. In the case of complaints regarding the absence of 1 Mbit/s connection at the primary residential premises, the Belgian NRA, BIPT, will evaluate whether it is necessary to designate a USP. At the moment, BIPT has only received complaints regarding high speed internet and digital TV, which are outside of the scope of the USO. In Sweden, where cases of insufficient fixed infrastructure coverage arise, the Swedish NRA, PTS, investigates the availability of internet subscriptions via wireless infrastructures as alternatives to deliver service to the relevant end-user(s).

In five MS (Croatia, Latvia, Malta, [19] Slovenia and Spain), USPs have been designated to provide a broadband USO at national level. In two MS (Finland and United Kingdom) the USPs were designated on a regional basis. There are two USPs in the United Kingdom and three in Finland.

In the United Kingdom, operators were asked to define the area[20] in which they sought to be the USP, as opposed to the United Kingdom’s NRA, Ofcom, defining regional areas. There was, however, a stipulation that the smallest area that could be designated was at a ‘local authority’ level which should have at least 5,000 USO eligible premises within it.

Of those MS that have a broadband USO, four used a public tender mechanism (Croatia, Slovenia, Spain, and Sweden), however in all of these MS the process ended unsuccessfully. Following these unsuccessful public tender mechanisms, an operator was then designated as USP either by the Government (Spain) or by the NRA (Croatia, Slovenia and Sweden).

In two MS (Malta and the United Kingdom) the procedure for choosing the USP(s) was a public call for expressions of interest. In Malta, where no expressions of interest were received from undertakings, the current USP was re-designated. In the United Kingdom two operators were designated.[21]

Figure 9 below provides an overview of the operators that were designated in each MS for the provision of the broadband USO, along with the duration and the geographic scope.

Quality of Service

Five out of the nine MS (Belgium, Finland, Slovenia, Spain and the United Kingdom) have introduced broadband quality of service (QoS) measures specifically related to USO.

In Belgium, the USP must guarantee a download speed of at least 1 Mbit/s every day of the year, at all hours of the day, except during a maximum period of one hour a day.

In Finland, the USP must be able to verify that the services provided meet special requirements concerning service quality on the minimum rate of a functional internet access US.

In 2018 the Slovenian NRA, AKOS, introduced regulations specifying the quality of service parameters for functional internet access under the USO.

In the United Kingdom, there is an obligation that broadband USPs must offer the same QoS to universal service customers as they provide to customers connected on a commercial basis.

In Spain, the following aggregated QoS parameters apply: i) delivery time for the initial connection less than 60 days for 99% of orders; ii) fault ratio per line less than 4% per quarter; iii) fault repair time less than 48 hours for 95% of cases; iv) billing claims rate less than 5 per thousand per quarter; v) download speed in any 24 hour period is not less than 1 Mbit/s; vi) outage time: less than 24 hours per month. Furthermore all service providers must comply with the following QoS parameters with each subscriber: i) minimum connection time in less than 60 days; ii) minimum download connection speed not less than 1 Mbit/s in a 24 hour time period; iii) service breakdown/interruption time of less than 24 hours per month.

Monitoring

Belgium stated that broadband USO compliance is monitored exclusively on a constant basis, and two MS monitor compliance based on occurring complaints (Croatia and Latvia).

Finland, Slovenia, Spain, Sweden and the United Kingdom adopt a mixed approach. In Finland, TRAFICOM may launch assessment procedures and take supervisory measures based on customer complaints or of its own initiative. The mechanism has not yet been activated in the United Kingdom.[22] In Slovenia, the designated operator has an obligation to provide a yearly report with the possibility in case of end-user complaints for AKOS to introduce ad hoc monitoring or additional monitoring, if deemed necessary. In Malta, the designated operator is required to report on a quarterly basis the performance of its USO broadband connection and provide details of locations not capable of supporting the minimum connection data rate and the work programme in place to reach the minimum data rate, if applicable.

In Spain, the Secretary of State for the Digital Advancement of the Ministry of Economy and Enterprise, oversees the compliance of the broadband USO through the reporting obligation of the USP and through on-site inspections of the Provincial Headquarters for Telecommunication Inspections. The Annual Plan for the Inspection of Telecommunications details the activity of these units.[23] In Sweden, PTS monitors compliance with USP’s obligations and the ability of end-users to obtain service. In the United Kingdom, Ofcom will monitor broadband USO compliance through performance reporting and record keeping requirements imposed on the USPs and have indicated that it will use formal information gathering powers to monitor USPs performance against its obligations if they identify any areas of concern.

Affordability Measures

Six MS have introduced broadband USO affordability measures (Belgium, Croatia, Finland, Latvia, Slovenia, and the United Kingdom). In Spain, affordability measures apply to universal service in general and therefore include measures on broadband affordability. In four MS the affordability schemes apply to disabled end-users including hearing and/or visually impaired, or visually impaired and persons with low income (Belgium, Croatia, Slovenia, and Spain). In Spain the social allowance for low-income end users only applies for the elderly and retired people. In Latvia, the affordability measures for broadband apply only to disabled end-users. In the United Kingdom, consumers who do not have access to a service below £45 GBP (€ 48.58)[24] can apply for universal service. The Swedish regulation does not specify affordability measures for the broadband service. However, it sets a maximum cost of 5,000 SEK (€468)[25] for any home or business to obtain internet access that would be adequate for social inclusion.

In Finland, TRAFICOM can issue an opinion of non-compliance if end-users complain about the price of the USO. In Malta, no affordability mechanisms were identified for the broadband service, but the USP is required to provide special tariff options or packages to persons with low income or special social needs in the case of i) fixed line rental and ii) allowing access to emergency services (Telecare type of service). Broadband is being considered for inclusion as part of the social benefits in the next USO review in Finland.