Article 74 General Provisions
74.1 The Commission shall, in accordance with Article Two of the Act and Article Three (b) of the Ordinance, propose policies for the approval of the Ministry setting out the basis, principles and conditions relating to the provision of universal service and universal access in the Kingdom.
74.2 In proposing universal access and universal service policies, the Commission shall follow the principles and considerations set out in this Chapter.
Article 75 Universal Access and Universal Service Policies
75.1 In preparing the universal access and universal service policies, the Commission shall include the following in its considerations:
a ) A list of basic telecommunications services to be included in universal service and universal access offerings;
b ) A definition of objectives and obligations for the development of universal service and universal access;
c ) A definition of the geographical areas in which specified levels of universal service offerings and universal access offerings shall apply;
75.2 In preparing universal access and universal service policies, the Commission shall emphasize market-oriented and non-discriminatory principles in the extension of universal service and universal access.
75.3 The Commission shall consult concerned parties when preparing universal access and universal service policies.
75.4 Following approval by the Ministry of its initial universal access and universal service policies, the Commission:
a ) May by decision designate service providers as being universal service providers;
b ) Review periodically the scope of universal service offerings and universal access offerings, which shall be undertaken in the light of social, economic and technological developments as universal services are made more accessible to the public over time
Article 76 Universal Access and Universal Service Plans for Incumbent Operator
76.1 The Commission may, at any time after this Bylaw comes into force, issue a decision designating the incumbent operator as a universal service provider.
76.2 The Commission may require the incumbent operator to submit universal access and universal service plans, setting out the geographical areas in the Kingdom in which it proposes to extend the availability of universal service offerings and universal access offerings. Such plans shall take into account any universal access and universal service policies that have been approved by the Ministry.
76.3 The Commission shall review plans submitted pursuant to paragraph 76.2 of this Article taking into account:
a ) The objective of providing universal service and universal access to all persons in the Kingdom within the shortest possible period of time at affordable tariffs;
b ) The financial and technical ability of the incumbent operator to extend the provision of universal service and universal access beyond its existing services;
c ) The financial and technical ability of any other service providers or applicants for telecommunications licenses to provide universal service and universal access in the same areas;
d ) The submissions of other service providers, users and other concerned parties; and
e ) Any other information as the Commission may deem useful in the performance of its duties hereunder
76.4 The Commission may approve universal access and universal service plans for the incumbent operator establishing the conditions pursuant to which the incumbent operator shall be required to extend provision of universal service and universal access.
Article 77 Universal Access and Universal Service Plans
77.1 The Commission may invite persons other than the incumbent operator to submit universal access and universal service plans, setting out the geographical areas in the Kingdom in which they propose to extend availability of universal service offerings or universal access offerings, and the means to achieve such extension.
77.2 The Commission shall establish and publish criteria to define the type of universal access or universal service plan sought, and to evaluate and select universal access or universal service plans submitted pursuant to paragraph 77.1 of this Article.
77.3 The criteria for evaluation and selection of universal access and universal service plans submitted pursuant to paragraph 77.1 of this Article shall cover the following issues:
a ) Qualification of persons and proposals submitting universal access and universal service plans pursuant to paragraph 77.1 of this Article;
b ) Requests for clarification, expansion, or modification of qualified proposals;
c ) Evaluation of revised proposals and grant a right to provide the service based on the following factors:
1. The geographic locations to be served;
2. The technology and services to be provided;
3. The population to be served by the plan;
4. The economic and social impact of the plan;
5. The feasibility and sustainability of the plan; and
6. The cost, and amount of funding support, if any, required
77.4 The Commission may grant a license to provide the services to implement a universal access and universal service plan. The license shall establish the conditions pursuant to which that person shall be required to extend provision of universal service and universal access.
Article 78 Funding of Universal Access and Universal Service
78.1 As part of the universal access and universal service policies it develops for consideration by the Ministry, the Commission shall propose one or more methods of funding of such services. These methods may include:
a ) Cost-based pricing or other tariff changes;
b ) Mandatory service obligations imposed by license conditions, or under or pursuant to a Commission statute;
c ) cross-subsidies between or within telecommunications services provided by the incumbent operator; and
d ) A universal service fund to provide subsidies to implement universal service programs, being funded by various sources such as a universal service fee, government financing or other methods
78.2 The Commission may, pursuant to a universal access and universal service policy approved by the Ministry, issue a decision establishing a universal service fund. The decision may determine all matters necessary for the establishment and administration of the fund, in a manner consistent with the policy. These matters may include, but shall not be limited to:
a ) The selection of the fund administrators;
b ) The administrative procedures for the fund;
c ) The calculation and methods for payments into the fund by service providers or other persons identified in the policy;
d ) The criteria and procedures for payment out of the fund to achieve the universal access and universal service policies identified in the policy, including any procedures to receive licenses and subsidies to implement universal access or universal service plans.
78.3 The Commission may issue a decision to implement other funding mechanisms for universal access and universal service that are consistent with universal access and universal service policies approved by the Ministry.