6
CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
amending Directive 2002/22/EC on universal service and users’
rights relating to electronic communications networks and services
and Regulation (EU) No. 531/2012 on roaming on public mobile
communications networks within the European Union;
"RSPG" means the Radio Spectrum Policy Group established by the
European Commission Decision of 11 June 2019 setting up the Radio
Spectrum Policy Group;
"satellite earth station network" mean a configuration of two or
more earth stations which inter-work by means of a satellite;
"security of networks and services" means the ability of
electronic communications networks and services to resist, at a
given level of confidence, any action that compromises the
availability, authenticity, integrity or confidentiality of those
networks and services, of stored or transmitted or processed data,
or of the related services offered by, or accessible through, those
electronic communications networks or services;
"shared use of radio spectrum" means access by two or more
users to use the same radio spectrum bands under a defined sharing
arrangement, authorised on the basis of a general authorization,
individual rights of use for radio spectrum or a combination
thereof, including regulatory approaches such as licensed shared
access aiming to facilitate the shared use of a radio spectrum band,
subject to a binding agreement of all parties involved, in
accordance with sharing rules as included in their rights of use for
radio spectrum in order to guarantee to all users predictable and
reliable sharing arrangements, and without prejudice to the
application of competition law;
"significant market power" or "SMP" means a position
equivalent to dominance enjoyed by an undertaking either
individually or jointly with others that is to say a position of
e c o n o m i c s t r e n g t h a ff o r d i n g i t t h e p o w e r t o b e h a v e t o a n
appreciable extent independently of competitors, customers and
ultimately consumers;
"special rights" means the rights that are granted to a limited
number of undertakings which, within a given geographical area:
(i)
designates or limits to two or more the number
of such undertakings authorised to provide an
electronic communications service or undertake
an
electronic
communications
activity,
otherwise than according to objective,
proportional and non-discriminatory criteria, or
(ii) confers on undertakings, otherwise than
according to such criteria, legal or regulatory
advantages which substantially affect the ability
of any other undertaking to provide the same
electronic communications activity in the same
geographical area under substantially equivalent
conditions;