the event of a specific breach, and the deadline by which it will be carried out. The selected
measure and the deadline must be proportionate to the breach and must be nondiscriminatory.
(2) In the event of a breach, a universal service provider must send a warning to the
subscriber in a reliable manner stating the deadline by which the subscriber must cease the
breach or settle his liabilities, and the measure that will be taken by the operator if the
subscriber fails to cease the breach or settle his liabilities by this deadline.
(3) Without prejudice to the provisions of the preceding paragraph, a universal service
provider shall not be obliged to notify a subscriber of a measure in advance if the breach
results in an immediate and serious threat to public order, public safety or public health, and
if such a measure is envisaged in the general terms and conditions. Non-payment of bills shall
in no instance be deemed to be a breach requiring the introduction of a measure without prior
warning.
(4) Where technically feasible, a universal service provider must restrict access only to those
services in relation to which the user breached the subscriber contract, except in instances of
abuse or the persistent late payment or non-payment of bills. A universal service provider
may not restrict access to and use of the single European emergency call number ‘112’, the
police number ‘113’ and the single European missing children hotline number ‘116000’.
Article 123
(quality of universal service)
(1) The Agency shall prescribe, by means of a general act, the quality of universal service so
as to determine, in particular, the quality parameters, the limit values thereof, and the method
of measuring such parameters.
(2) The Agency shall also, by means of the general act referred to in the first paragraph of
this Article, prescribe the content, form, method and frequency of publication of information
on the quality of universal service.
(3) Universal service providers must send information on the quality of universal service,
including any changes thereto, to the Agency.
(4) The Agency shall monitor the quality of universal service and may take steps in
accordance with the procedure referred to in Article 224 of this Act.
(5) Should the Agency have grounds for doubting the veracity of the information referred to
in the third paragraph of this Article, it may, ex officio, order an independent audit, or a
review similar to an audit, of the information on the quality of provision of universal service,
with the costs of this being borne by the universal service provider.
(6) If the measured values of the quality parameters for a specific universal service provider
fail to reach the limit values at least three times in succession, the Agency may initiate a
procedure to select a new universal service provider.
Article 124
(data rate)
(1) The Agency shall lay down, by means of a general act, the data rate necessary for
functional internet access and the deadline by which this rate is to be achieved, which may
not be longer than two years. In doing so, it shall take into account the prevailing
technologies and bandwidth used by the majority of subscribers, and the technological
feasibility, with minimum distortion of the market.
(2) The Agency may, pursuant to the preceding paragraph, also determine the data rate that
enables broadband access, if broadband access is already used by at least half the households