equipment, source and purpose of communication.
38. ‘Facility as part of an associated electronic communications infrastructure’ shall mean a
building, section of a building or independent premises within a building in which electronic
communications equipment is installed, as well as a civil engineering facility such as cable
ducts, aerial masts or antennas.
39. ‘Open communication networks’ shall mean public communication networks to which all
operators may have access under the same conditions.
40. ‘Network termination point’ shall mean the physical point at which a subscriber is
provided with access to a public communications network; in the case of networks involving
switching or routing, the network termination point shall be identified by means of a specific
network address, which may be linked to a subscriber number or name.
41. ‘Operator’ shall mean an undertaking providing a network or service. A natural person or
legal entity that enables free-of-charge access to the internet with no profitable intent, where
internet service provision is not part of its profitable activity, shall not be deemed to be an
operator.
42. ‘Network operator’ shall mean a natural person or legal entity which provides public
communications networks or associated facilities, or which has notified a competent
regulatory authority of the intended provision of a public communications network or
associated facilities.
43. ‘Operator access’ shall mean making available facilities and/or services to another
undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the
purpose of providing electronic communications services, including when they are used for
the delivery of information society services or broadcast content services. It shall cover, inter
alia: access to network elements and associated facilities, which may involve the connection
of equipment by fixed or non-fixed means (in particular, this includes access to the local loop
and to facilities and services necessary to provide services over the local loop); access to
physical infrastructure, including buildings, ducts and masts; access to relevant software
systems, including operational support systems; access to information systems or databases
for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access
to number translation or systems offering equivalent functionality; access to fixed and mobile
networks, in particular for roaming; access to conditional access systems for digital television
services; and access to virtual network services.
44. ‘Location data’ shall mean any data processed in an electronic communications network
or by an electronic communications service indicating the geographical position of the
terminal equipment of a user of a publicly available electronic communications service.
45. ‘Traffic data’ shall mean any data processed for the purpose of the conveyance of a
communication on an electronic communications network or for the billing thereof.
46. ‘Associated facilities’ shall mean the services, physical infrastructure and other facilities
or resources associated with an electronic communications network and/or an electronic
communications service which enable and/or support the provision of services via that
network and/or service, or which have the potential to do so, and shall include, inter alia,
buildings or entries to buildings, building wiring, antennas, towers and other supporting
structures, ducts, conduits, masts, manholes and boxes.
47. ‘Associated services’ shall mean those services associated with an electronic
communications network and/or an electronic communications service that enable and/or
support the provision of services via that network and/or service, or have the potential to do
so, and shall include, inter alia, number translation or systems offering equivalent
functionality, conditional access systems and electronic programme guides, as well as other
services such as identity, location and presence services.
48. ‘Presentation of calling-line identification’ shall mean a function that enables a called